Data protection policy, legal information and terms of use of Continental Continental Aftermarket & Services GmbH for the application “MoreContinental”

By installing and / or using the application "MoreContinental” (referred to in the following as the “App” or “MoreContinental”) the user unconditionally agrees to the following terms of use of Continental (hereinafter "Continental"):

§ 1
Intellectual property rights of Continental right of use

The terms of use laid down in the Google Play Store – Business and Program Policies shall apply for the use of the app, unless otherwise determined by the provisions below.

The copyright for works published and created by Continental in this app as well as their configuration in the app remains exclusively with Continental and its subsidiaries. Any use, including reproduction, distribution or making available to the public, of such texts, pictures, graphics, animations, videos, music, sounds and other materials in other electronic or printed publications (especially in other apps or websites) is not permitted without the express consent of Continental or its subsidiaries.

Continental is entitled to use the trademarks and logos (the “trademarks”) represented in the app. None of the information in this app is to be interpreted as granting a license to use these trademarks. The conclusion cannot be drawn that the trademarks are freely available to anyone simply from the mere naming of the trademarks in the app. The express written consent of Continental is required for this. The unauthorized use of these trademarks is strictly prohibited.

Continental will enforce its intellectual property rights throughout the world within the scope of the applicable legislation.

§ 2
Content and use of the app, liability

Continental provides [a geosocial network in form of a] the smartphone application “MoreContinental”. The app enables garages to scan the EAN and MAPP code of already bought Continental products incl. the brands ATE Bremsen and VDO and collect MoreContinental Partner Points. These points can be redeemed in a reward shop (loyalty.morecontinental.com).

The information provided in the app is not binding and is made available exclusively for information purposes. It does not represent any kind of offer within the meaning of the applicable statutory provisions.

The information provided in the app and any products and services made available can be changed or updated at any time by Continental without prior notice. The app does not contain any guarantees or indications of quality for which Continental is liable, whether expressly or implicitly. Similarly, Continental makes no undertaking that the information provided is up-to-date, correct or complete and assumes no responsibility for its quality. The user shall not manipulate the app and shall only use such as set out.

Claims of the user for compensation of damages that arise in connection with the use of the app and its content are excluded. This exclusion does not include claims for compensation of damages arising from injury to life, limb or health or the liability for other damages that are attributed to a willful or grossly negligent breach of a duty by Continental its legal representatives or vicarious agents. In the event of a breach of material contractual obligations, Continental is only liable for the foreseeable and direct loss typical of this type of contract when this loss has been caused by simple negligence. Material contractual obligations are those that necessarily have to be fulfilled in order to achieve the object of a contract. These limitations of liability shall also apply to the benefit of the legal representatives and vicarious agents of Continental if claims are asserted directly against them. The regulations of the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.

Continental strongly recommends that you do not use or, in particular, operate electronic devices while driving. Continental assumes no responsibility for any damages arising from accidents that occur in that event or for the imposition of any fines.

§ 3
Data collection and data processing

Continental is aware that the protection of your privacy when using this app is an important concern for you. Continental takes the protection of personal data very seriously. Continental has therefore taken the necessary technical and organizational measures to ensure compliance with the regulations governing data protection.

Insofar as there is the possibility within the app of inputting personal data, the user divulges this data on an expressly voluntary basis. The user can and is permitted to use all the services offered, generally only when providing the data marked with “*”. All other data are provided on voluntary basis and without any restrictions.

Where the user has given his/her consent for his/her personal data to be collected, processed and used, Continental will only use this personal data to process an inquiry or within the context in which the consent was granted and in compliance with the applicable data protection conditions.

Continental Aftermarket & Services GmbH processes your data within the scope of MoreContinental Partner Programs (loyalty.morecontinental.com) in accordance with the applicable statutory provisions.

1. General Information

Personal data that you enter will be processed by Continental Aftermarket & Services GmbH for the purpose(s) stated below. Insofar it is necessary for the fulfilment of the purpose, the data may also be transferred to third parties affiliated with Continental Aftermarket & Services GmbH within the meaning of §§ 15 ff. (German) Stock Corporation Act and in accordance with the Binding Corporate Rules of Continental.

2. Processing of Data

Your data will be processed exclusively on the basis of the following data protection regulations (legal basis):

Data Processing (Purpose)

Legal Basis

Duration of Storage

Registration salutation, first name, last name, email, company name, comany address, company email, VAT-no., username, scanned products

Art. 6 para. 1 lit. a) EU GDPR (consent)
Art. 6 para. 1 lit. b) EU GDPR (performance of contract)
Art. 6 para.
1 lit. c) EU GDPR (legal obligation)

Your data will be processed with your consent until revocation, otherwise deleted after final processing of your request, provided that there are no legal storage obligations to the contrary. We assume final processing if it can be deduced from the circumstances that the matter in question has been conclusively clarified.

Newsletter / advertising and marketing approaches / customer surveys

Art. 6 para. 1 lit. a) EU GDPR (consent)

Processed upon your consent, until your revocation or omission of purpose.

Reward Kennzahlenkompass salutation, first name, last name, email, company name, comany address, company email, VAT-no.

Art. 6 para. 1 lit. a) EU GDPR (consent)
Art. 6 para. 1 lit. b) EU GDPR (performance of contract)
Art. 6 para.
1 lit. c) EU GDPR (legal obligation)

Your data will be processed with your consent until revocation, otherwise deleted after final processing of your request, provided that there are no legal storage obligations to the contrary. We assume final processing if it can be deduced from the circumstances that the matter in question has been conclusively clarified.

To ensure the above-mentioned data processing, we transmit data to the following service providers (hereinafter referred to as SERVICES):

Service Provider

Address / Location

Direct services Gütersloh GmbH

An der Autobahn 310, 33333 Gütersloh

Zülch consulting GmbH (Reward Kennzahlenkompass)

TechnologiePark, Friedrich-Ebert-Straße, 51429 Bergisch Gladbach

Pieper Werbemittel GmbH

Dannhornweg 4, D-30916 Isernhagen

Serviceplan Group SE & Co. KG

Brienner Straße 45 a-d, 80333 München

Our Service Providers will collect and process your personal data on our behalf (based on an adequate data processing agreement on the basis of EU standard contractual clauses).

3. Rights of the data subject(s)

We draw your attention to the fact that, as a data subject, you have the following rights in connection with the processing of your personal data in accordance to the EU - General Data Protection Regulation (EU GDPR):

  • Right to revoke your consent at any time acc. Art. 7 para. 3 EU GDPR
  • Right to be informed acc. Art. 13 and Art. 14 EU GDPR
  • Right of access by the data subject acc. Art. 15 EU GDPR
  • Right to rectification acc. Art. 16 EU GDPR
  • Right to erasure acc. Art. 17 EU – GDPR
  • Right to restriction of processing acc. Art. 18 EU GDPR
  • Right to data portability acc. Art. 20 EU GDPR
  • Right to object at any time acc. Art. 21 EU - GDPR
  • Right to lodge a complaint with a supervisory authority acc. Art. 77 EU GDP

In case of compelling reasons for processing that outweigh your interests, rights and freedoms, or serve the assertion, exercise or defense of legal claims, the processing of personal data necessary for this purpose can take place despite your objection or request for deletion.

If you have any questions in this regard, feel free to contact our data protection officer:

email: data.protection.sba@continental.com



Please send your revocation or requests regarding the exercise of the above listed rights in writing or by email to:

Continental Aftermarket & Services GmbH
Sodener Straße 9
65824 Schwalbach

email: 
info@mail.morecontinental.com



4. Protection of stored Data

Our company and our SERVICE PROVIDER use technical and organizational security measures to protect the personal data you provide to us from manipulation, loss, destruction or access by unauthorized persons. The security measures are continuously improved and adapted according to the state of the art. Unencrypted data can possibly be viewed by third parties. For this reason, we would like to point out that no secure transmission can be guaranteed with regard to data transmission via the Internet (e.g. when communicating by unencrypted e-mail). Sensitive data should therefore either not be transmitted at all or only via a secure connection (SSL). You can determine the SSL status of the connection by looking at the address line of your browser ("https").

5. Cookies

When you visit our website/web app, information may be stored on your computer in the form of so-called cookies (small text files). Technically necessary cookies are used solely to ensure proper operation of the website. Other cookies (e.g. with regard to the use of the website) are only set based on your consent (see Cookie Policy https://loyalty.morecontinental.com/cookies). Furthermore, you can also stop accepting cookies via your browser settings. However, if you do so, you may not be able to enjoy the full functionality of this website/web app.

6. „Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “Cookies,” which are text files saved on your computer, help the website analyze how you use the site. The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the United States.
However, if IP anonymization is enabled on this website, Google will truncate your IP address in advance within Member States of the European Union or other EEA treaties. The full IP address is transmitted to a Google server in the USA and abbreviated there only in exceptional cases. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and Internet usage.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. Cookies are placed on our site only with your consent. In addition, you can permanently prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out in this case that you may not be able to use all of the website’s functionality. In addition, you can prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: 
http://tools.google.com/dlpage/gaoptout?hl=de.

§ 4
Links to other websites

Links to websites of third parties can also be provided in the app as an additional service. These websites are completely independent and outside the sphere of responsibility as well as the control of Continental. Continental is therefore not liable for the content of any of these third-party websites that are accessed from the app and assumes no responsibility for the content, the data protection conditions or the use of such websites. The provider of the website linked to via the app is solely responsible for illegal, incorrect or incomplete content and especially for damages resulting from the use or non-use of the information of this kind that is offered.

§ 5
Age Limit

The minimum age for the use of the app is 16 years. The user warrants that he/she is older than 16 years. If Continental becomes aware that the user is not at least 16 years old, Continental is entitled to undertake any of the following measures. Insofar as the user is not of full age, he/she warrants that he/she has the permission of his/her parents to use the app.

§ 6
Availability of the app

This app is currently only available in the German App Store. Continental reserves the right also to offer the app worldwide in the future; this, however, does not imply the intention of Continental to announce in a binding manner that the app will be available throughout the world.

§ 7
Termination of participation

Participation in our app ends as soon as the user deletes his account. Additionally, if the user revokes the consent given upon registration to data processing by Continental, participation on the MoreContinental Partner Program will no longer be possible and will end.

Continental is entitled to end a user's participation on the MoreContinental Partner Program with immediate effect if the user infringes these Conditions of Use. In this instance, the affected user can only use the MoreContinental Partner Program again with Continental's express permission.

Independent of this, Continental can discontinue the MoreContinental Partner Program online forum and associated services at any time subject to prior notice without giving reasons. In this case, the members have no claim to the MoreContinental Partner Program services being supplied (again).

In the event of termination of the participation in the MoreContinental Partner Program , Continental will delete the user profile as well as all other data and content entered by the user.

§ 8
Other provisions

The contract concluded between Continental and the user is subject to German law; the UN Convention on Contracts for the International Sale of Goods shall not apply. In relation to consumers, this choice of law applies only if the protection granted is not affected by mandatory provisions of the law of the country in which the consumer has his habitual residence.

The place of jurisdiction for all above named dispute shall be Frankfurt am Main. If the Continental contractual partner has its place of residence or seat outside of the European Union all of the above named disputes shall be finally decided in accordance with the arbitration rules of the Chamber of Commerce (Handelskammer) Frankfurt am Main to the exclusion of the ordinary courts.

Continental reserves the right to amend these terms of use at any time for the future or to supplement such. Agreement to the changed terms of use will be necessary in order to continue to use MoreContinental Continental shall request the user to agree or to reject such by way of a special function in MoreContinental before any further use.

If the contractual partners wishes to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. Continental is not obliged to participate in online dispute resolution.

Should individual provisions of these terms of use prove to be invalid in full or in part, then the validity of the rest of the contract shall not be affected by that. The statutory provisions shall replace the invalid provision.



Provider

This app is provided by:

Continental Aftermarket & Services GmbH
Sodenerstr. 9
65824 Schwalbach
Telefon: +49 6196 87 0
Email: info@mail.morecontinental.com
Managing directors: Peter Wagner, Gilles Mabire, Frank Staiger, Ludger Trilken
Commercial register of the local court of Amtsgericht Königstein im Taunus, HRB 7796
VAT ID No.: DE171884444

Copyright © 2022 exclusive rights of use Continental Aftermarket & Services GmbH and its subsidiaries