1) Introduction and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about how we handle your personal data when you use our website. Personal data in this context means all data by which you can be personally identified.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Badass eBikes GmbH, Mühlstraße 88, 63768 Hösbach, Germany, Tel.: +49 6021 6297063, e-mail: service@badassebikes.com. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data Collection When Visiting Our Website

2.1 When using our website for merely informational purposes, i.e. if you do not register or otherwise transmit information to us, we only collect such data as your browser transmits to the page server (so-called „server log files“). When you access our website, we collect the following data, which are technically necessary for us to display the website to you:

• Our visited website
• Date and time at the moment of access
• Amount of data sent in bytes
• Source/reference from which you reached the page
• Browser used
• Operating system used
• IP address used (where applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 (1) point (f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data are not passed on or used in any other way. However, we reserve the right to subsequently review the server log files should there be concrete indications of unlawful use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string „https://“ and the lock symbol in your browser line.

3) Hosting & Content Delivery Network

3.1 Amazon Web Services

For the hosting of our website and the  display of the page content, we use the system of the following provider: AWS EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg

Data may also be transmitted to: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA

All data collected on our website are processed on the provider's servers. We have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties. 

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision of the European Commission, ensures compliance with the European level of data protection.

3.2 AWS CloudFront

We use a content delivery network of the following provider: AWS EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg

This service enables us to deliver large media files such as graphics, page content or scripts more quickly via a network of regionally distributed servers. The processing is carried out to safeguard our legitimate interest in improving the stability and functionality of our website pursuant to Art. 6 (1) point (f) GDPR. We have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.

Data may also be transmitted to: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109, USA

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision of the European Commission, ensures compliance with the European level of data protection.

4) Cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. Some of these cookies are automatically deleted again after the browser is closed (so-called „session cookies“), while others remain on your end device longer and enable the saving of page settings (so-called „persistent cookies“). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.

Insofar as personal data are also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 (1) point (b) GDPR either for the performance of the contract, in accordance with Art. 6 (1) point (a) GDPR in the case of given consent, or in accordance with Art. 6 (1) point (f) GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.

You can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance, or you can exclude the acceptance of cookies for certain cases or in general.

Please note that the functionality of our website may be restricted if cookies are not accepted.

5) Contacting Us

When you contact us (e.g. via contact form or e-mail), personal data are processed – exclusively for the purpose of handling and responding to your request and only to the extent necessary for this purpose.

The legal basis for the processing of these data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point (f) GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) point (b) GDPR. Your data will be deleted if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that no statutory retention obligations preclude this.

6) Data Processing When Opening a Customer Account

In accordance with Art. 6 (1) point (b) GDPR, personal data will continue to be collected and processed to the respective extent necessary if you provide them to us when opening a customer account. Which data are required for opening the account can be found in the input mask of the corresponding form on our website.

Deletion of your customer account is possible at any time and can be carried out by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted, provided that all contracts concluded thereunder have been fully completed, no statutory retention periods preclude this, and there is no legitimate interest on our part in continued storage.

7) Data Processing for Order Fulfillment

7.1 Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us are passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) point (b) GDPR.

Insofar as we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data transmitted by you when placing the order in order to personally inform you within the scope of our statutory information obligations pursuant to Art. 6 (1) point (c) GDPR. Your contact data will be used in a strictly purpose-bound manner for notifications about updates owed by us and processed by us for this purpose only to the extent necessary for the respective information.

To process your order, we furthermore cooperate with the following service provider(s) who support us in whole or in part in the execution of concluded contracts. Certain personal data are transmitted to these service providers in accordance with the following information.

7.2 PlentyONE

For order fulfillment, we use the following provider: PlentyONE GmbH, Johanna-Waescher-Straße 7, 34131 Kassel, Germany

Name, address and, where applicable, further personal data are passed on to the provider in accordance with Art. 6 (1) point (b) GDPR exclusively for the purpose of handling the online order. The disclosure of your data takes place here only insofar as this is actually necessary for handling the order.

7.3 Post & DHL Shipping (official)

For the preparation of shipping, we use the services of the following provider: Deutsche Post DHL Research And Innovation GmbH, Kurt-Schumacher-Str. 1, 53113 Bonn
In accordance with Art. 6 (1) point (b) GDPR, we transmit digital shipping labels with your delivery information exclusively for the purpose of handling your online order from our order fulfillment system to the provider, who then sends these to our local printers in order to enable printing. Disclosure of the data takes place here only insofar as this is actually necessary for fulfillment.

7.4 Disclosure of Personal Data to Shipping Service Providers

- Deutsche Post

As transport service provider, we use the following provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany

We pass on your e-mail address and/or telephone number in accordance with Art. 6 (1) point (a) GDPR prior to the delivery of the goods for the purpose of coordinating a delivery date or for delivery notification to the provider, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Art. 6 (1) point (b) GDPR, we pass on only the name of the recipient and the delivery address to the provider. The disclosure takes place only insofar as this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or the delivery notification is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the controller designated above or vis-à-vis the provider.
- DHL

As transport service provider, we use the following provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

We pass on your e-mail address and/or telephone number in accordance with Art. 6 (1) point (a) GDPR prior to the delivery of the goods for the purpose of coordinating a delivery date or for delivery notification to the provider, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Art. 6 (1) point (b) GDPR, we pass on only the name of the recipient and the delivery address to the provider. The disclosure takes place only insofar as this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or the delivery notification is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the controller designated above or vis-à-vis the provider.
- UPS

As transport service provider, we use the following provider: United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany

We pass on your e-mail address and/or telephone number in accordance with Art. 6 (1) point (a) GDPR prior to the delivery of the goods for the purpose of coordinating a delivery date or for delivery notification to the provider, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Art. 6 (1) point (b) GDPR, we pass on only the name of the recipient and the delivery address to the provider. The disclosure takes place only insofar as this is necessary for the delivery of the goods. In this case, prior coordination of the delivery date with the provider or the delivery notification is not possible.

The consent can be revoked at any time with effect for the future vis-à-vis the controller designated above or vis-à-vis the provider.

7.5 Use of Payment Service Providers (Payment Services)

- Mollie

On this website, one or more online payment methods of the following provider are available: Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands

When selecting a payment method of the provider in which you make advance payment (such as credit card payment), the payment data communicated by you during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order are passed on to this provider in accordance with Art. 6 (1) point (b) GDPR. The disclosure of your data takes place in this case exclusively for the purpose of payment processing with the provider and only insofar as this is necessary for this purpose.
- PayPal

On this website, one or more online payment methods of the following provider are available: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

When selecting a payment method of the provider in which you make advance payment, the payment data communicated by you during the ordering process (including name, address, bank and payment card information, currency and transaction number) as well as information about the content of your order are passed on to this provider in accordance with Art. 6 (1) point (b) GDPR. The disclosure of your data takes place in this case exclusively for the purpose of payment processing with the provider and only insofar as this is necessary for this purpose.

When selecting a payment method in which we make advance payment, you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, e-mail address, telephone number, and where applicable data on an alternative means of payment).

In order to safeguard our legitimate interest in determining your creditworthiness in such cases, these data are forwarded by us in accordance with Art. 6 (1) point (f) GDPR to the provider for the purpose of a credit check. On the basis of the personal data provided by you as well as further data (such as shopping cart, invoice amount, order history, payment experiences), the provider checks whether the payment option selected by you can be granted with regard to payment and/or default risks.

The credit information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit information, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among others but not exclusively, address data.

You can object to this processing of your data at any time by sending a message to us or to the provider. However, the provider may remain entitled to process your personal data insofar as this is necessary for contractual payment processing.

8) Page Functionalities

8.1 YouTube

This website uses plugins for the display and playback of videos of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transmitted to: Google LLC., USA

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the provider's servers at the latest at the time of video playback in order to load the content. In doing so, certain information, including your IP address, is transmitted to the provider.

If the playback of embedded videos is started via the plugin, the provider additionally uses cookies in order to collect information about user behavior, to create playback statistics and to prevent abusive behavior.

If you are logged into a user account with the provider during your site visit, your data will be directly assigned to your account when you click on a video. If you do not want the assignment to your account, you must log out before activating the playback button.

All of the aforementioned processing operations, in particular the setting of cookies for reading out information on the end device used, are carried out only if you have given us your express consent to do so pursuant to Art. 6 (1) point (a) GDPR. You can revoke the consent given at any time with effect for the future by deactivating this service via the „cookie consent tool“ provided on the website.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision of the European Commission, ensures compliance with the European level of data protection.

8.2 - Google reCAPTCHA

On this website, we use the CAPTCHA service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transmitted to: Google LLC, USA.

For the visual design of the CAPTCHA window, the provider uses „Google Fonts", i.e. fonts loaded by Google from the Internet. Beyond the information mentioned above, which is already transmitted to Google via the functionality of reCAPTCHA, no processing of further information takes place here.

The service checks whether an input is made by a natural person or abusively by mechanical and automated processing, and blocks spam, DDoS attacks and similar automated malicious access. In order to ensure that an action is carried out by a human and not by an automated bot, the provider collects the IP address of the end device used, identification data of the browser and operating system type used, as well as the date and duration of the visit, and transmits these to the provider's servers for evaluation. In doing so, cookies may be used, i.e. small text files that are stored in the browser of the end device.

Insofar as the processing operations described above are carried out on the basis of cookies, these are only set if you have given us your express consent to do so pursuant to Art. 6 (1) point (a) GDPR. You can revoke the consent you have given at any time with effect for the future by deactivating this service in the „cookie consent tool“ provided on the website.

If the processing operations described above are carried out without the use of cookies, the legal basis is our legitimate interest in determining individual personal responsibility on the Internet and in avoiding misuse and spam in accordance with Art. 6 (1) point (f) GDPR.

We have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision of the European Commission, ensures compliance with the European level of data protection.

9) Tools and Miscellaneous

Cookie Consent Tool

This website uses a so-called „cookie consent tool“ to obtain effective user consent for cookies and cookie-based applications requiring consent. The „cookie consent tool“ is displayed to users in the form of an interactive user interface when the page is accessed, on which consents for certain cookies and/or cookie-based applications can be given by ticking checkboxes. Through the use of the tool, all cookies/services requiring consent are loaded only if the respective user gives corresponding consents by ticking checkboxes. This ensures that such cookies are only set on the respective end device of the user in the case of given consent.

The tool sets technically necessary cookies in order to store your cookie preferences. As a matter of principle, personal user data are not processed in this context.

If, in an individual case, personal data (such as the IP address) are nevertheless processed for the purpose of storing, assigning or logging cookie settings, this is carried out in accordance with Art. 6 (1) point (f) GDPR on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.

A further legal basis for the processing is also Art. 6 (1) point (c) GDPR. As the controller, we are subject to the legal obligation to make the use of technically non-necessary cookies dependent on the respective user consent.

Insofar as necessary, we have concluded a data processing agreement with the provider that ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.

Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

10) Rights of the Data Subject

10.1 Applicable data protection law grants you the following comprehensive data subject rights (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the legal basis cited for the respective conditions of exercise:

• Right of access by the data subject pursuant to Art. 15 GDPR;
• Right to rectification pursuant to Art. 16 GDPR;
• Right to erasure („right to be forgotten“) pursuant to Art. 17 GDPR;
• Right to restriction of processing pursuant to Art. 18 GDPR;
• Right to be informed pursuant to Art. 19 GDPR;
• Right to data portability pursuant to Art. 20 GDPR;
• Right to withdraw a given consent pursuant to Art. 7 (3) GDPR;
• Right to lodge a complaint pursuant to Art. 77 GDPR.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA WITHIN THE SCOPE OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA ARE PROCESSED BY US IN ORDER TO CONDUCT DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

11) Duration of Storage of Personal Data

The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and – insofar as relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

In the case of processing of personal data on the basis of an express consent pursuant to Art. 6 (1) point (a) GDPR, the data concerned are stored until you revoke your consent.

If statutory retention periods exist for data that are processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 (1) point (b) GDPR, these data are routinely deleted after expiry of the retention periods, provided that they are no longer necessary for the fulfillment of the contract or for the initiation of the contract and/or there is no legitimate interest on our part in continued storage.

In the case of processing of personal data on the basis of Art. 6 (1) point (f) GDPR, these data are stored until you exercise your right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

In the case of processing of personal data for the purpose of direct marketing on the basis of Art. 6 (1) point (f) GDPR, these data are stored until you exercise your right to object pursuant to Art. 21 (2) GDPR.

Unless otherwise stated in the other information of this declaration regarding specific processing situations, stored personal data are otherwise deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.