As a rule, it is possible to use our website without providing personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your explicit consent. We would however like to point out that data transmission over the internet (e.g. communication by e-mail) may pose the risk of security loopholes. Complete protection of data against access by third parties is not possible.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the applicable country-specific data protection regulations, and in accordance with the EU General Data Protection Regulation.
Consent to processing
By voluntarily using our website and our range of services, the user consents to the processing of their personal data by us for the respective purpose described below.
RAILPOOL GmbH provides the following services in the interest of its customers:
-Rail vehicle rental with for full service – this includes, among other things, maintenance, spare parts procurement, workshop organisation and insurance.
In order to enable and implement these services in all areas, the user agrees that RAILPOOL GmbH collects the information required for this purpose and, if necessary, transmits it to the above-mentioned partner companies for the provision of services there for the above-mentioned purposes. The personal data provided, in particular name, address, telephone number, bank details, are necessary and required solely for the purpose of implementing the range of services and a possible contractual relationship that arises, and are collected on the basis of legal authorisations. For any further use of personal data and the collection of additional information, the consent of the person concerned is regularly required. Further details – in particular the right of revocation – are explained in the following points.
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, site data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
Processing shall mean any operation or set of operations, whether or not automated, performed upon personal data, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.
Profiling shall mean any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, site or change of site.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor shall mean any natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data within the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
j) Third party
Third party shall mean any natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies their agreement to the processing of personal data relating to them.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Torsten Lehnert (Responsible MD according to EU-GDPR)
Tel.: +49 (0)89 510 85 77-0
Some of the web pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our website more user-friendly, effective and safer. Cookies are small text files that are placed on a computer system via a web browser and stored by the browser.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognise your browser the next time you visit us.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. You can also prevent the setting of cookies by our website at any time by means of an appropriate setting of the web browser used and thus permanently object to the setting of cookies. If you deactivate cookies, the functionality of this website may be limited.
4. Server Log Files
Each time a data subject or an automated system accesses the website, the provider of the website collects a series of general data and information and automatically saves information in so-called server log files, which your browser automatically transmits to us. These are:
– browser type and browser version
– operating system used
– referrer URL
– host name of the accessing computer
– time of the server request
– other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Registration on our website
As a data subject, you have the opportunity to register on the website of the controller by providing personal data. Which personal data is transmitted to the controller in the process results from the respective input screen used for the registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may – if justified – arrange for the data to be transferred to one or more processors, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date as well as the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided upon registration at any time or to have it completely deleted from the controller’s database.
The controller shall provide any data subject at any time, upon request, with information on what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations.
6. Contact option via the website
Based on statutory provisions, our website contains data that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general e-mail address. If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of such personal data to third parties will take place.
7. Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
Google Analytics uses so-called cookies. These are text files which are stored on your computer and enable analysis of the way you use the website. The information generated by the Cookie concerning your use of this website is normally transferred onto a Google server in the USA and saved there.
You can prevent the storage of cookies by using an appropriate setting in your browser software; however, we would like to point out that if you do so, you might not be able to use all functions of this website to their full extent. You can prevent the compilation and sending of data generated by the cookie, its use of website-related data (incl. your IP address) to Google and the processing of data by Google by downloading and installing the browser plugin which is available via the following link: https://tools.google.com/dlpage/gaoptout?hl=de
Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking the following link. An opt-out cookie will be set which will prevent the collection of your data during future visits to this website: Disable Google Analytics
8. SSL encryption
For security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as the site operator, this site uses SSL encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If the SSL encryption is activated, the data you transmit to us cannot be read by third parties.
9. Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10. Rights of the data subject to information, correction, deletion, blocking
a) Right to confirmation
Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact our data protection officer or another employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about them and a copy of that information. In addition, the European Directive and Regulation has granted the data subject access to the following information:
– the purposes of the processing
– the categories of personal data processed
– the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular in the case of recipients in third countries or international organisations
– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
– the existence of the right to obtain the rectification or erasure of personal data concerning them, or the restriction of processing by the controller, or the right to object to such processing
– the existence of a right of appeal to a supervisory authority
– if the personal data is not collected from the data subject: Any available information on the origin of the data
– the existence of automated decision-making, including profiling, pursuant to Article 22 para. 1 and 4 EU GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, they may, at any time, contact our data protection officer or another employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain the rectification without delay of personal data relating to them which is inaccurate. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, they may, at any time, contact our data protection officer or another employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning them, where one of the following grounds applies and insofar as the processing is not necessary:
– The personal data was collected or otherwise processed for such purposes for which it is no longer required.
– The data subject withdraws their consent on which the processing was based pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Art. 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) of the GDPR.
– The personal data has been processed unlawfully.
– The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
– The personal data has been collected in relation to information society services offered pursuant to Art. 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by us, they may, at any time, contact our data protection officer or another employee of the controller. Our data protection officer or another employee will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by our company and our company as a data controller is obliged to erase the personal data pursuant to Art. 17 (1) of the GDPR, we shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies or replications of the personal data, unless the processing is necessary. Our data protection officer or another employee will arrange the necessary actions in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the controller to restrict the processing if one of the following conditions is met:
– The accuracy of the personal data is contested by the data subject for a period of time long enough to allow the controller to verify the accuracy of the personal data.
– The processing is unlawful, the data subject rejects the deletion of the personal data and instead requests the restriction of the use of the personal data.
– The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
– The data subject has objected to the processing pursuant to Art. 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by us, they may, at any time, contact our data protection officer or another employee of the controller. Our data protection officer or another employee will arrange the restriction of the processing.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning them, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 (1) a) of the GDPR or Art. 9 (2) a) of the GDPR or on a contract pursuant to Art. 6 (1) b) of the GDPR and that the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising the right to data portability pursuant to Art. 20 (1) of the GDPR, the data subject has the right to effect that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by us or another employee.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them carried out on the basis of Art. 6 (1) e) or f) of the GDPR. This also applies to profiling based on these provisions.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact our data protection officer or another employee. The data subject is also free to exercise their right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling
Jede von der Verarbeitung personenbezogener Daten betroffene Person hat das vom Europäischen Richtlinien- und Any person concerned by the processing of personal data shall have the right, granted by the European Parliament and the Council, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision is necessary for entering into, or the performance of, a contract between the data subject and the controller, or is permitted by Union or Member State law to which the controller is subject, and that law contains proportionate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or is based on the data subject’s explicit consent.
If the decision is necessary for entering into, or the performance of, a contract between the data subject and the controller, or if it is made with the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain the data subject’s involvement on the part of the controller, to express their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, they may, at any time, contact our data protection officer or another employee of the controller.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may, at any time, contact our data protection officer or another employee of the controller.
j) Right to call the Federal data protection officer(s)
Any person affected by the processing of personal data also has the right to call the Federal Commissioner or the Federal Commissioner for Data Protection. The current contact details are as follows:
The Federal Commissioner for Data Protection and Freedom of Information, P.O. Box 14 68, 53004 Bonn, Germany
Home address: Husarenstraße 30, 53117 Bonn Tel. +49 (0) 228 997799-0, Fax +49 (0) 228 997799-550,
E-Mail: email@example.com, Website: http://www.datenschutz.bund.de
11. Data protection during applications and the application procedure
The data controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing can also take place electronically. This is particularly the case if an applicant sends relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the person responsible for processing concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application files shall be automatically deleted six months after the notification of the rejection decision, unless otherwise justified by the controller. Other legitimate interests in this sense are, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
12. Legal basis of the processing
Art. 6 (1) a) GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) c) GDPR. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) d) GDPR. Finally, processing operations could be based on Art. 6 (1) f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).
13. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Art. 6 (1) f) GDPR, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders.
14. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.
15. Recipients of personal data/transfer to third countries
According to Art. 4 No. 9 GDPR, the only recipients of collected personal data are the company and, in individual cases, possible authorised recipients such as public authorities or also partner companies or suppliers (such as the website provider).
A transfer of personal data to a third country does not take place – with the exception of the information mentioned under point 9. “Google Analytics”.
16. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject may contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
17. Existence of an automated decision-making processExistence of an automated decision-making process
Als verantwortungsbewusstes Unternehmen verzichten wir auf eine automatische Entscheidungsfindung oder ein Profiling.
18. Data protection officer