Privacy Policy

Welcome to our platform and appreciate your interest. The protection of your personal data is important to us. Therefore, we conduct our activities in accordance with the applicable legal provisions on the protection of personal data and data security. We would like to inform you below which data of your visit will be used for which purposes.

I. Responsible Body for Processing according to GDPR

The responsible body within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

II. Data Protection Officer

III. General information about data processing

1. What is Personal Data?

The term personal data is defined in the German Federal Data Protection Act (Bundesdatenschutzgesetz) and in the EU Data Protection Regulation. Accordingly, this is individual information about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your civil name, your address, your telephone number or your date of birth.

2. Scope of Anonymous Data Collection and Data Processing

Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. We do, however, obtain certain technical information through the use of analysis and tracking tools based on the data transmitted by your browser (e.g. browser type/version, used operating system, visited web pages on our site incl. duration of the visit, previously visited website). We evaluate this information for statistical purposes only.

  • a. Considering that we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
  • b. Article 6(1)(b) of the GDPR serves as the legal basis for the processing of personal data necessary for the performance of a contract to which the data subject is a party. This also applies to processing that is necessary for the performance of pre-contractual measures.
  • c. Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6 (1) c) GDPR serves as the legal basis.
  • d. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) d) GDPR serves as the legal basis.
  • e. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) f) GDOR serves as the legal basis for the processing.

The internet pages of BeamNG GmbH use cookies. Cookies are data that are stored by the Internet browser on the user’s computer system. The cookies can be transmitted to a page when it is called up and thus enable the user to be identified. Cookies help to simplify the use of Internet pages for users.

It is possible to refuse the setting of cookies at any time by changing the settings in the Internet browser accordingly. Once cookies have been set, they can be deleted. We would like to point out that if cookies are deactivated, it may not be possible to use all the functions of our website to their full extent. The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users. When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and are referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a) GDPR, if the user has consented to this. Please see our cookie banner and our notices in this privacy policy to learn more about whether and to what extent cookies are used on our website.

V. Matomo Web Analysis Service

Description and Purpose

Our website uses Matomo (formerly Piwik), an open source software for statistical analysis of visitor access. The provider of Matomo is InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand. Matomo uses cookies that are stored on your computer and which enable an anonymised evaluation of your use of the website. It is generally not possible to draw conclusions about a specific person, as your IP address is anonymised immediately after processing and before it is stored. Matomo is used to improve the quality of our website and its content. In this way, we learn how the website is used and can thus constantly optimise our offer. If individual pages of our website are called up, the following data is stored: 1. 2 bytes of the IP address of the user’s calling system 2. Accessed website 3. The webpage that sent the user to our website (Referrer) 4. The subpages accessed from the accessed website 5. The duration of time spent on the website 6. The frequency with which the website is accessed. The software runs exclusively on the servers of our website. The personal data of the users is only stored there. The data is not transferred to third parties. The software is set in such a way that the IP addresses are not stored completely, but 2 bytes of the IP address are masked. In this way, it is no longer possible to assign the shortened IP address to the calling computer. The processing of the users’ personal data enables us to analyse the surfing behaviour of our users.

The legal basis for the processing of your personal data is Art. 6 para. 1 lit. a) GDPR.

Recipient

The recipient of your personal data is Matomo, InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand.

Transfer to third countries

By using the Service, personal data may be transferred to a third country, where applicable. In the event of a transfer of personal data, the provider shall ensure the level of protection pursuant to the GDPR by complying with Art. 44 et.seq. GDPR. If there is no adequacy decision with the third country in which the data importer is based, the transfer is subject to adequate safeguards. If you have any queries, please contact our data protection officer.

Duration of data storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Furthermore, the data will be deleted if you exercise your right to erasure pursuant to Art. 17 (1) GDPR.

Possibility of revocation

You have the right to revoke your consent at any time, pursuant to. Art. 7 (3)(1) GDPR. This can be done at any time, without giving reasons and is effective for the future processing. The revocation of consent does not affect the lawfulness of the processing carried out until the revocation. For further information, please refer to our Privacy Policy under “Rights of data subjects”.

There is no contractual or legal obligation to provide the data.

Further information on data protection

Further information on the processing of your personal data can be found here:

https://matomo.org/privacy-policy/

VI. Creation of Log Files

BeamNG GmbH collects data and information with every call of the website through an automated system. These are stored in the log files of the server. The data is stored in the log files of our system as well. Data together with other personal data are not stored. The following data may be collected:

  • (1) Information about the browser type and used version
  • (2) The operating system of the user
  • (3) The Internet service provider of the user
  • (4) The IP address of the user
  • (5) Date and time of access
  • (6) The webpage that sent the user to our website (Referrer)
  • (7) Websites that are accessed by the user’s system via our website

VII. Duration of Storage of Personal Data

The personal data is stored for the duration of the respective statutory retention period. After expiry of this period, the data is routinely deleted unless it is required for the initiation or fulfilment of a contract.

VIII. Comment Function

When the user leaves comments on the blog, the user name previously selected by the website visitor is stored in addition to the information entered by them via the input mask. This serves the security of https://www.beamng.com/, as the provider can be prosecuted for illegal content on its website, even if this content is posted on the site by third parties through comments.

IX. How to Contact Us

The BeamNG GmbH website contains a contact form which can be used for electronic contact. Alternatively, it is possible to via the provided email address. If the data subject contacts the controller by one of these means, the personal data transmitted by the data subject will be stored automatically.

The data is stored exclusively for the purpose of processing or contacting the data subject. The data is not transferred to third parties. The legal basis for the processing of the data is Art. 6 (1)(a) GDPR, if the user has given his consent.

The legal basis for the processing of data transferred in the context of sending an email is Art. 6 (1)(f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1)(b) GDPR.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when the circumstances indicate that the matter in question has been conclusively clarified.

X. Online Shop

We use your personal data to process your online purchases (your orders and returns are processed via our online services) and to send you notifications about the delivery status or notifications in the event of problems with the delivery of your purchased items. We use your personal data to process your payments. We also use your data to process complaints and product warranty claims. Your personal information is used to establish your identity, to ensure that you are of a legal age to shop online and to match your address with external partners. We aim to offer you multiple payment options and conduct analytics to determine which payment options are right for you, including your payment history and credit checks.

XI. Sharing of Personal Data while using Online Payment Service Providers

Should you decide to pay with one of the online payment service providers offered by us as part of your order process, your contact details will be transferred to them as part of the order purchased in this way. The legitimacy of the transfer of the data results from Art. 6 (1)(b) GDPR, for the implementation of the payment method as well as our legitimate interests according to Art. 6 (1) (f) GDPR, to enable user-friendly and uncomplicated payment processing. The personal data transferred to the online payment service provider are mostly first name, last name, address, IP address, e-mail address or other data required for order processing as well as data related to the service, such as type of service, identity of the recipient, invoice amount and taxes in percent, invoice information, etc.. This transfer is necessary to perform the service with the payment method you have chosen, in particular to confirm your identity, manage your payment and maintain the customer relationship. Please note that the personal data may also be transferred by the online payment service provider to service providers, subcontractors or other affiliated companies to the extent necessary to fulfil the contractual obligations arising from your order or to process the personal data on your behalf. Depending on the selected payment method, e.g. invoice or direct debit, the personal data transferred to the provider will be transferred by the provider to credit agencies. This transfer serves to check your identity and creditworthiness in relation to the order you have placed. You can find out which credit agencies are involved and which data is generally collected, processed, stored and passed on by the respective provider in the respective data protection declarations of the providers:

1. Transfer to third countries

We would like to point out that your personal data may also be transferred to a server in a third country and thus processed outside the EU.

2. Duration

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In addition, the data will be deleted if you revoke your consent or request the deletion of the personal data.

The provision of personal data is neither legally or contractually required nor necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide this data may result in you not being able to use this service or not being able to use it to its full extent.

XII. Registration on our Website

If the data subject uses the opportunity to register on the website of the controller by providing personal data, the data from the respective input mask will be transferred to the controller. The data is stored exclusively for internal use by the controller. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. During registration, the IP address of the user, the date and time of registration are stored. This serves to prevent misuse of the services. The data will not be transferred to third parties. An exception exists if there is a legal obligation to transfer the data. The registration of data is necessary for the provision of content or services. Registered persons have the possibility to delete or change the stored data at any time. The data subjects can obtain information about his or her stored personal data at any time.

XIII. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for as long as is necessary to achieve the purpose of the storage. Storage beyond this may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject to. As soon as the purpose of storage ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or deleted.

XIV. Rights of the Data Subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right of Access pursuant to Art. 15 GDPR

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing is carried out, you may ask the controller for information on:

  • a. the purposes for which the personal data are processed;
  • b. the categories of personal data processed;
  • c. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  • d. the planned duration of storage of your personal data or, if it is not possible to give specific details, criteria for determining the duration of storage
  • e. the existence of a right to rectification or erasure of your personal data, a right to have the processing limited by the controller or a right to object to such processing
  • f. the existence of a right of appeal to a supervisory authority;
  • g. all available information on the origin of the data when the personal data are not collected from the data subject;
  • h. the existence of automated decision making, including profiling, in accordance with Art. 22, (1) and 4 GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information whether your personal data are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to Rectification pursuant to Art. 16 GDPR

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.

3. Right to Erasure Pursuant to Art. 17 GDPR

(1) You may request the controller to erase your personal data immediately and the controller is obliged to erase such data immediately if one of the following reasons applies:

  • a. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • b. You revoke your consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) of the GDPR and there is no other legal basis for the processing.
  • c. You object to the processing in accordance with Article 21 (1) GDPR and there are no legitimate reasons for the processing which take precedence, or you object to the processing in accordance with Article 21 (2) GDPR.
  • d. The personal data concerning you have been processed unlawfully
  • e. The erasure of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • f. The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8 (1) of the GDPR.

(2) If the controller has made your personal data public and is obliged to erase them in accordance with Article 17 (1) of the GDPR, the controller shall take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

(3) The right to erasure shall not apply where the processing is necessary

  • a. for the exercise of the right to freedom of expression and information;
  • b. to comply with a legal obligation to which the processing is subject under Union or national law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • c. for reasons of public interest relating to public health pursuant to Art. 9, para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
  • d. for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to in para. 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
  • e. to assert, exercise or defend legal claims.

4. Right to Restriction of Processing pursuant to Art. 18 GDPR

You may request the restriction of the processing of your personal data under the following conditions:

  • a. you contest the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data;
  • b. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • c. the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims; or
  • d. if you have objected to the processing pursuant to Article 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

If the processing of your personal data has been restricted, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

5. Right to be Informed pursuant Art. 19 GDPR

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right against the controller to be informed about these recipients.

6. Right to Data Portability pursuant to Art. 20 GDPR

You have the right to receive your personal data that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

  • a. The processing is based on consent pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and
  • b. The processing is carried out with the help of automated procedures. In exercising this right, you also have the right to have your personal data transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

7. Right to Object pursuant to Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. The controller shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you have the possibility to exercise your right to object by means of automated procedures using technical specifications.

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. Right to Lodge a Complaint with a Supervisory Authority pursuant to Art. 77 GDPR

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 77 GDPR.

10. Automated Decision in Individual Cases including Profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects vis-à-vis her or similarly significantly affects her. This does not apply if the decision:

  • a. is necessary for the conclusion or performance of a contract between you and the controller,
  • b. is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
  • c. is done with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests. With regard to the cases mentioned in a. and c., the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

XVI. Integration of other Third-Party Services and Content

1. Description and purpose

It can happen that within this online offer, contents of third parties, such as videos, fonts or graphics from other websites are integrated. This always requires that the providers of these contents (hereinafter referred to as “third party providers”) are aware of the IP address of the users. Without the IP address, they would not be able to send the content to the browser of the respective user. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. However, we have no influence on this if the third-party providers store the IP address for statistical purposes, for example. As far as we are aware of this, we inform the users about it. We would like to provide and improve our online offer through these integrations.

The legal basis for the integration of other services and content of third parties is Art. 6 (1)(f) GDPR. Our overriding legitimate interest lies in the intention of an appropriate presentation of our online presence and user-friendly and economically efficient services on our part. For further information, please refer to the respective privacy statements of the providers.

The provision of personal data is neither legally nor contractually required and is also not necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide it may mean that you are unable to use this function or cannot use it to its full extent.

XVII. Transfer of Data to Third Countries

The controller may transfer personal data to a third country. In principle, the controller may provide various appropriate safeguards to ensure that an adequate level of protection is provided for the processing operations. It is possible to transfer data transfers on the basis of an adequacy finding, internal data protection rules, approved codes of conduct, standard data protection clauses or an approved certification mechanism pursuant to Art. 46 para. 2 letters a) - f) GDPR.

If the person responsible undertakes a transfer to a third country on the legal basis of Art. 49 para. 1 a) GDPR, you will be informed at this point about the possible risks of a data transfer to a third country.

There is a risk that the third country receiving your personal data may not provide an equivalent level of protection compared to the protection of personal data in the European Union. This may be the case, for example, if the EU Commission has not issued an adequacy decision for the third country in question or if certain agreements between the European Union and the third country in question are declared invalid. Specifically, there are risks in some third countries with regard to the effective protection of EU fundamental rights through the use of monitoring laws (e.g. USA). In such a case, it is the responsibility of the controller and the recipient to assess whether the rights of data subject in the third country enjoy a level of protection equivalent to that in the Union and can be effectively enforced.

However, the basic data protection regulation should not undermine the level of protection of natural persons ensured throughout the Union when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organizations, even if personal data are further transferred from a third country or from an international organization to controllers or processors in the same or another third country or to the same or another international organization.

XVIII. Further functions of the website

Security

We have taken extensive technical and operational precautions to protect your data from accidental or deliberate manipulation, loss, destruction or access by unauthorised persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, we guarantee data protection on an ongoing basis by constantly reviewing and optimising our data protection organisation.

Conclusion

BeamNG GmbH reserves all rights to make changes and updates to this privacy policy. This privacy policy was created by Keyed GmbH.