As at November 2018
Clover Germany GmbH takes the protection of your personal data very seriously. On the pages that follow, we would like to tell you how we process your data and inform you of your rights in relation to your personal data.
- 1. Who is responsible for how your data is processed and how can you contact the data protection officer? Responsibility for how your data is processed lies with:
Clover Portugal Lda, Ruas 3 & 5 - Lt. 17/18B, Zona Industrial da Varziela, 4480-091 Árvore, Vila do Conde, Portugal.
- 2. What categories of personal data do we process and how do we obtain the data?
- We process the personal data that we receive from you. This includes, but is not limited to, your last name, first name, contact details (e.g. address, telephone number, email address), your contract or supplier data (e.g. customer number), your billing data and bank details, and other data that you provide to us in the context of our business relationship, including enquiries you submit to our customer service team, messages, and data you provide via the online portal or in customer surveys.
- We also process data that we have legitimately acquired from other sources. This includes, but is not limited to: credit history details from credit rating agencies, data that we have acquired in connection with commercial processes.
- 3. For what purposes will your data will be processed and what is the legal basis for this processing?
We will only process your data if we have your consent to do so or if we are permitted by law to do so.
- Your data will be processed for the purposes of preparing and/or executing the contract (Article 6, point 1b GDPR)
- Your data will be processed on the basis of our legitimate interests (Article 6, point 1f GDPR)
- Your data will be processed on the basis of a legal obligation to which we are subject (Article 6, point 1c GDPR)
- Your data will be processed on the basis of your consent (Article 6, point 1a GDPR)
- 4. To which categories of recipients will your data be disclosed?
- We will treat your data as confidential.
- We will only disclose your personal data to third parties if such disclosure is necessary for the purposes detailed above and is permitted by law, or you have given prior consent.
Data may be disclosed to the following categories of recipients:
- Marketing service providers
- Postal service providers
- Print service providers
- Advisors and consultants
- Debt management service providers and solicitors
- Financial institutions and providers of payment services
- Selected specialist companies, installers, tradespeople
- Insurance providers
- Legal guardians and those with power of attorney.
- 5. Will your data also be disclosed to recipients in countries outside the European Economic Area (EEA)?
- 6. For how long will your data be stored?
- We will store your data for as long as the data is required in connection with the purposes outlined above and/or for as long as is required in order to comply with statutory retention periods.
- Statutory retention periods of up to ten years may apply, e.g. the retention requirement imposed by the German Commercial Code.
- In certain cases, limitation periods of up to three years may apply; this makes it necessary for us to retain your data for evidentiary purposes.
- 7. What are your rights in relation to your data?
You have the following rights in relation to the processing of your personal data:
If you have any questions, suggestions or complaints, please get in touch with us via the contact details below:
- Pursuant to Article 15 GDPR, you have a right of access in relation to the processing of your personal data. Please note the limitations of Section 3 German Federal Data Protection Act
- Pursuant to Article 16 GDPR, you have the right to rectification in relation to inaccurate personal data
- Pursuant to Article 17 GDPR, you have the right to erasure in relation to personal data. Please note the limitations of Section 35 German Federal Data Protection Act
- Pursuant to Article 18 GDPR, you have the right to restriction of processing
- Pursuant to Article 20 GDPR, you have the right to data portability
RIGHT TO OBJECT pursuant to ARTICLE 21 GDPR
Insofar as we process your data on the basis of our legitimate interests (Article 6, point 1f GDPR) or in order to perform a task carried out in the public interest (Article 6, point 1e GDPR) and if, on grounds relating to your particular situation, you have objections, you have the right pursuant to Article 21, point 1 GDPR to object to such processing. You also have the right to object, pursuant to Article 21, point 2 GDPR, to processing of any kind for direct marketing purposes.
Insofar as we process your data on the basis of your consent, you have the right to withdraw your consent at any time.
In this event, your data will no longer be processed for the purposes to which the consent relates. Please note that the legality of any data processing that took place before consent was withdrawn will not be affected.
Where possible, please contact our data protection officer to effect withdrawal of your consent:
Graf- Eberhard Str. 1
If you believe that the processing of your personal data has infringed the applicable legislation, you have the right at any time, pursuant to Article 77 GDPR, to lodge a complaint with a data protection supervisory authority. This applies without prejudice to any other administrative or judicial remedy.
- You are only obliged to provide us with the personal data that we need in order to agree, implement and terminate our business relationship or that we are required by law to collect. If you do not provide us with this data, we will be obliged to decline conclusion of the contract in question or may no longer be able to execute the contract.
- If you operate in the default and back-up utilities sector and do not provide us with the necessary data, we will collect this data from third parties if necessary.
As described in Section 3.2, point 1, arrow, we will carry out a credit check prior to conclusion of the contract in order to protect ourselves against payment defaults. To complete this process, we use probability data determined by the credit agencies we have commissioned.
For more information about how the probability values are determined (scoring) by the credit agencies, see Section 3.2, point 1, arrow [cf. Internet links]. The probability value determined by the credit agency will be used in one of two ways: We will either use it directly to decide whether, on the basis of the payment default risk predicted for you, to enter into a contractual relationship with you, or we will incorporate it into an additional calculation carried out by us that factors in other criteria that are relevant to the decision in addition to the payment default risk. We perform this calculation in cases where the payment default risk would be considered too great on the basis of the value determined by the credit agency alone, which would lead us to decide against entering into a contractual relationship. In this scenario we assess whether, on the basis of the specific contract, its term, the pricing and the costs we will incur, we are prepared to enter into the contract despite the risk. Regardless of the process applied, our decision regarding whether or not to offer you a contract on the basis of your credit rating is arrived at purely by means of automated decision. There is no subsequent manual verification by our employees or by other parties commissioned by us. However, you have the right to request intervention by one of our employees, to present your own case and to contest the automated decision. To do this, please contact us via the details given above. In such cases where we employ automated decision-making, we do so pursuant to the provisions of Section 31 German Federal Data Protection Act and Article 22 GDPR.
The way in which we process data is subject to change and as such we will also amend our data protection information from time to time. We will inform you directly of any changes to the purposes for which your data is processed.