Privacy statement

It is possible for you to use our website without providing your personal data. If you wish to use certain special services that we offer via our website, however, it may be necessary for us to process your personal data. If it is necessary to process personal data and there is no legal framework upon which to base this processing (e.g. a contractual agreement), we will ask for your consent.

The DB Fahrzeuginstandhaltung GmbH privacy statement applies to the use of our marketplace. Users are responsible under data protection law for the personal data they enter on the marketplace and for the processing that occurs in the course of initiating a contract and the contractual relationship.

We are committed to safeguarding the privacy of your personal data, above all in connection with protecting your personal rights when processing and using this data. We would therefore like to provide you with the following information:

Who is responsible for collecting and processing data?

DB Fahrzeuginstandhaltung GmbH collects and processes your data as the data controller on the www.railauction.plus website. DB Fahrzeuginstandhaltung GmbH undertakes to adhere to the privacy and data protection guidelines described below. This is monitored by the data protection officer. The appointed data protection officer is Dr Marein Müller. If you have any questions, suggestions and/or criticism regarding railauction.plus, feel free to contact us at the following address:

DB Fahrzeuginstandhaltung GmbH

Resale & Services | railauction.plus

Weilburger Str. 22

60326 Frankfurt am Main, Germany

Send e-mail

If you have any questions or suggestions regarding privacy, please send an e-mail to datenschutz.fzi@deutschebahn.com.

What data do we collect, and why and how do we process it?

We collect and process your data only for specific purposes. These purposes may relate to technical requirements, contractual obligations or specific user requests.

When you visit this website

For technical reasons, when you visit www.railauction.plus, it is necessary to collect and store certain information, such as the date and duration of the visit, the web pages visited, the identification details of the browser and operating system type, and the website from which you accessed our website.

When you contact us

When you contact us via the contact form, by e-mail or via callback service the transmitted data is exclusively used and stored to process your request and possible follow-up enquiries.

Live Chat

We offer a live chat so that you can contact us quickly and easily with questions and comments. Communication data such as chat content, IP address, message ID, conversation ID, timestamp and channel ID are processed. Use of the live chat is voluntary.

Customer account

If you register for a customer account, the following data may be collected:

E-mail address*

Company*

First name*

Last name*

Address (street address, postal code, town/city and country)*

Telephone number*

Mobile number*

VAT ID

Tax number*

Commercial Register Number

Commercial register excerpt

Password*

* Mandatory information.

You cannot create an account without providing the mandatory information. Any other data provided is voluntary. When you register on www.railauction.plus, the IP address assigned by your internet service provider (ISP) and the date and the time of registration are stored. This is essential in order to prevent the misuse of our services.

Before activating your customer account, we are legally obliged to check your data against official sanctions lists of the German Federal Government. Furthermore, the data you enter is checked for plausibility. We ask you to upload a trading licence for this purpose. 

In order to fulfil our legal obligation pursuant to Section 14 of the German Platform Tax Transparency Act (Plattformen-Steuertransparenzgesetz, "PStTG"), we, as the platform operator, are obliged to collect data such as the name and address of the sellers active on the platform and the name of the financial account holder and report this information to the Federal Central Tax Office. 

Information management 

DB Fahrzeuginstandhaltung GmbH collects and processes your personal data with Deutsche Bahn AG and its various Group companies as joint controllers within the framework of whistleblowing management. This serves to receive and process information on violations in connection with DB's business activities, in particular those under the Whistleblower Protection Act (HinSchG) and complaints under the Supply Chain Due Diligence Act (LkSG) in a secure and confidential manner. Further information on the portal, the contact persons and reporting centres as well as the data protection information can be found here

Newsletter

We provide a newsletter containing information about current issues and offers. The data requested in the registration process is required to subscribe to the newsletter. The subscription to the newsletter is logged. After subscribing, you will receive a message to the e-mail address you provided asking you to confirm your registration ("double opt-in"). This is necessary to prevent misuse of your e-mail address by third parties.

You can revoke your consent to receive the newsletter at any time by unsubscribing. A communication in text form to support@railauction.plus or sent by post to DB Fahrzeuginstandhaltung GmbH Resale & Services | railauction.plus, Weilburger Str. 22, 60326 Frankfurt am Main, Germany is sufficient for this purpose. An unsubscribe link is also included in every newsletter.

We store the subscription data for as long as it is required to send the newsletter. We store the log of the subscription and the mailing address for as long as there is an interest in proving the consent originally given.

Anonymous Google click IDs

If you access our website by clicking on advertising material that is part of a Google Ads campaign (e.g. on an advertisement in the Google search engine), a click ID generated by Google specifically for this process is appended to the URL of this website. The click ID is only passed in the URL during this online visit (session). If you interact with us during this session, e.g. by buying a product, we store the click ID on our database server for a short time beyond this session, together with a small amount of anonymous information about the interaction. We transmit this information to Google for the purpose of evaluating the Google Ads campaign. We do not collect or store any further information such as your IP address, device information or other information in this context. It is not possible to identify you personally in this way.

Legal basis for data processing

Data processing when you visit this website or contact us is carried out on the basis of our legitimate interest pursuant to Article 6 (1) (f) of the General Data Protection Regulation (GDPR). Our legitimate interest lies in making this website available and offering you the opportunity to contact us.

If we process personal data that is required in order to perform a contract that we have signed with you, then the contract is the legal basis in accordance with Article 6 (1) (b) GDPR. Article 6 (1) (b) GDPR also applies to processing operations that are required in order for us to take steps before a contract is entered into; for example, in the event of enquiries relating to our products or services.

If our company is subject to a legal obligation that requires us to process personal data – such as a tax obligation – then the legal basis for processing is Article 6 (1) (c) GDPR.

In order to continuously improve our content, we store and analyse pseudonymised usage data from online activities. The legal basis for the foregoing is Article 6 (1) (f) GDPR.

Additionally, we are interested in maintaining a customer relationship with you and providing you with information and offers that we think you may be interested in. For this reason, we process your data on the basis of Article 6 (1) (f) GDPR (also with the help of service providers) to send you information and offers. We use your contact details (first name, last name and company address obtained from our business relationship with you) for advertising by post and for similar goods or services by e-mail, in particular market research, unless you opt out of such use. You can opt out of the use of your data for targeted advertising at any time with effect for the future. You can e-mail your opt-out request to support@railauction.plus (advertising opt-out).

Newsletter and Live Chat

The legal basis for sending the newsletter and the usage of our Live Chat is your consent in accordance with Article 6 (1) (1) (a) and Article 7 GDPR in conjunction with Section 7 (2) (3) of the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, "UWG"). The legal basis for logging your newsletter-subscription to the newsletter is our legitimate interest in proving that the newsletter was sent with your consent.

Do we share your data with third parties?

The execution of contracts generally requires the involvement of order processing specialists working under instructions, e.g. computer centre operators, printing service providers, delivery service providers or other parties involved in contract performance.

The external service providers that we use to process data on our behalf are carefully selected and subject to strict contractual obligations. The service providers follow our instructions, and this is guaranteed by strict contractual regulations, technical and organisational measures, and supplementary checks and controls.

In particular, users receive information that is necessary for processing the transaction, especially the contact information of the other user involved in the transaction. railauction.plus only discloses information about users to third parties if this is necessary for the provision of railauction.plus services or if railauction.plus is legally or contractually entitled to do so.

Data is not transferred to third countries outside the EU/EEA or to an international organisation unless appropriate guarantees have been provided. These include the EU standard contractual clauses or an adequacy decision by the European Commission.

You can find further information on data processing at the DB Group here.

How long do we store your data?

We store your data only for as long as is necessary to fulfil the purpose for which the data was collected (as part of a contractual relationship, for example) and/or to comply with legal requirements. For example, if we have a contractual relationship, we store your data at least until the contract period has come to an end. The data is then stored for the mandatory retention period.

After termination of the user agreement, the data provided by the respective user or generated by the user's use of railauction.plus is deleted from the user's railauction.plus account. By way of derogation from this provision, railauction.plus retains this information even after termination of the agreement if railauction.plus is legally obliged to do so or has a legitimate interest in doing so. Aggregated data generated through use (e.g. statistics on sales in a category) is still stored even after termination of the agreement. 

What rights do users of www.railauction.plus have?

You can request information as to what personal data is stored.

You can request the correction, deletion or restriction of processing of your personal data, provided this is legally admissible and possible under an existing contract.

If you believe that the processing of your personal data violates data privacy law, you have the right to lodge a complaint with data protection supervisory authority in accordance with Article 77 (1) GDPR.

The data protection supervisory authority responsible for DB Fahrzeuginstandhaltung GmbH is

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit

Postfach 3163

65021 Wiesbaden, Germany

You have the right to the portability of data that you have made available us on the basis of consent or a contract (data portability).

If you have given us consent to process your data, you can revoke this consent at any time, using the same method you used to give your consent. If you revoke your consent, any processing of your personal data that took place from the time you granted your consent to the time you revoked it will still be considered lawful.

You may opt out of data processing for reasons associated with your particular situation if the data processing is performed on the basis of our legitimate interests.

To exercise your rights, simply post a letter to the following address:

DB Fahrzeuginstandhaltung GmbH

Resale & Services | railauction.plus

Weilburger Str. 22

60326 Frankfurt am Main, Germany

Alternatively, you can send an e-mail to datenschutz.fzi@deutschebahn.com.

Will my data be encrypted?

Generally, data and e-mails transmitted over the internet are not encrypted and thus not protected against unauthorised access.

The connection to your user account will always be encrypted via TLS to protect the data in the account. However, since we cannot guarantee the confidentiality of your information when transmitted to us by e-mail, we recommend that you send confidential information to us by post only.

When are cookies used?

Cookies are small text files used to store personal data. Cookies may be sent to this website when it is visited, allowing the user to be identified. Cookies help make websites easier for users to navigate.

We differentiate between cookies that are necessary for a website's technical functionality and those that are not necessary for this purpose.

We want to give you the opportunity to make an informed decision for or against the use of cookies that are not essential for the website's technical functionality.

The following section discusses the different types of cookies and how they are used on our pages:

It is generally possible to use www.railauction.plus without cookies that serve non-technical purposes. You can therefore set your browser to prevent cookie-based tracking (using "do not track" or a tracking protection list) or block the storage of third-party cookies. We also recommend that you regularly check which cookies are stored on your system unless you have explicitly requested they be stored.

Please note that, if you delete all cookies, this also deletes any opt-out cookies, meaning that you would need to opt out again.

Analysis of the data by Deutsche Bahn AG

For more information on data processing and analysis by Deutsche Bahn AG and your options in relation to this, please go to "Manage consent"/"Analyse verwalten".

Links to external websites

By clicking on an external link on our pages you are moving outside the DB pages. Deutsche Bahn AG is not responsible for the content, services or products offered by or the data protection and technical security on the linked websites.

Updates to our privacy statement

We update our privacy statement whenever there are changes to functions or legislation. We therefore recommend that you review our privacy statement at regular intervals. In cases where your consent is required or where parts of our privacy statement include provisions of our contract with you, any such changes will take place only if you give consent.

 

01.12.2023