Policies

Privacy policy (Website)

Privacy Policy for the website beamng.com (“Website”)

We welcome you to our website and thank you for your interest. The protection of your personal data is important to us. For this reason, 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.

 Responsible party for processing according to GDPR

The controller 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:

 Data Protection Officer


What is personal data?

The term personal data is defined in the Federal Data Protection Act and in the EU-GDPR. 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. Learn more about what exactly data protection is here.

 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. However, we do learn certain technical information through the use of analysis and tracking tools based on the data transmitted by your browser (for example, browser type/version, operating system used, web pages visited on our site incl. length of stay, previously visited web page). We evaluate this information for statistical purposes only.

Relevant legal basis for the processing of personal data

Insofar as 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.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

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.

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 former interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

 Use of cookies

The website of the BeamNG GmbH uses 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 object to the setting of cookies at any time by changing the setting in the Internet browser accordingly. Cookies that have been set can be deleted. It should be noted 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. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users. When calling up our website, users are informed by an info banner about the use of cookies for analysis purposes and 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) (f) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has given his consent in this regard. If and to what extent cookies are used on our website, please refer to our cookie banner and our notes in this privacy policy.

 Matomo

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 that enable an anonymized analysis of your use of the website. As a rule, it is not possible to draw conclusions about a specific person, as your IP address is anonymized immediately after processing and before storage. Matomo is used for the purpose of improving the quality of our website and its content. In this way, we learn how the website is used and can thus constantly optimize our offer. If individual pages of our website are called up, the following data is stored: 1. two bytes of the IP address of the user’s calling system 2. the website called up 3. the website from which the user accessed the website called up (referrer) 4. the subpages called up from the website called up 5. the length of time spent on the website 6. the frequency with which the website is called up. The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. The data is not passed on 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, an assignment of the shortened IP address to the calling computer is no longer possible. The processing of the users’ personal data enables us to analyze the surfing behavior of our users.

Legal basis

The legal basis for the processing of your personal data is Art. 6 (1) (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. In the event of a transfer of personal data, the Provider shall ensure the level of protection of the GDPR by complying with Art. 44 et seq. GDPR. Unless an adequacy decision exists with the third country in which the data importer is based, the transfer is subject to appropriate safeguards. If you have any queries, please feel free to contact our data protection officer.

 Duration of data storage

Data is 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 assert your right to deletion within the meaning of Art. 17 (1) GDPR.

 Possibility of revocation

You have the right to revoke your consent at any time, cf. Art. 7 (3) p. 1 GDPR. This can be done informally and without giving reasons and is effective for the future. The revocation of consent does not affect the lawfulness of the processing carried out until the revocation. Further information on this can be found above in our privacy policy under “Rights of data subjects”.

Contractual and legal obligation

There is no contractual or legal obligation for the provision of the data.

 Further data protection information

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

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

 Creation of log files

Each time the website is accessed, BeamNG GmbH collects data and information by an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

The following data may be collected:

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

 Duration of storage of personal data

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 necessary for the initiation or performance of a contract.

 Comment function

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

 Ways to contact us

On the web pages of BeamNG GmbH a contact form is available, which can be used for electronic contact. Alternatively, contact can be established via the e-mail address provided. If the data subject contacts the controller via one of these channels, the personal data transmitted by the data subject will be stored automatically. The storage is solely for the purpose of processing or contacting the data subject. The data is not passed on 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 transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

 Transfer to third countries

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

 Duration

The data will be deleted as soon as it is no longer necessary 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. Contractual or legal obligation for the provision of personal data. 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 would mean that you would not be able to use this service or would not be able to use it to its full extent.

 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 in the respective input mask will be transmitted to the controller. The data will be 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 user’s IP address and the date and time of registration are stored. This serves to prevent misuse of the services. The data will not be passed on to third parties. An exception exists if there is a legal obligation to pass on the data. The registration of data is necessary for the provision of content or services. Registered persons have the possibility to have the stored data deleted or modified at any time. The person concerned can obtain information about his or her stored personal data at any time.

 Newsletter

If you subscribe to our company’s newsletter, the data in the respective input mask will be transmitted to the data controller.

The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration, you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses.

When registering for the newsletter, the user’s IP address and the date and time of registration are stored. This serves to prevent misuse of the services or the e-mail address of the person concerned. The data will not be passed on to unauthorized third parties. For the purpose of sending the newsletter, however, necessary data could be transmitted to appropriate service providers. Furthermore, an exception exists if there is a legal obligation to pass on the data. The data is used exclusively for sending the newsletter.

The subscription to the newsletter can be cancelled by the data subject at any time. Likewise, consent to the storage of personal data can be revoked at any time. For this purpose, a corresponding link can be found in each newsletter.

The legal basis for the processing of the data after registration to the newsletter by the user is, if the user has given his consent, Art. 6 (1) (a) GDPR. The legal basis for sending the newsletter as a result of the sale of goods or services is Sec. 7 (3) Act against Unfair Competition.

 Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only as long as this is necessary to achieve the purpose of storage. Storage may take place beyond this 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. As soon as the storage purpose ceases to apply or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or deleted.

 Rights of the data subject

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

 Right to information pursuant to Art. 15 GDPR

You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you may request information from the controller about the following:

The purposes for which the personal data are processed; the categories of personal data which are processed;

the recipients or categories of recipients to whom your personal data have been or will be disclosed; the planned duration of the storage of your personal data or, if concrete information on this is not possible, criteria for determining the storage period;

the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller or a right to object to such processing;

The existence of a right of appeal to a supervisory authority; any available information about the origin of the data, if the personal data is not collected from the data subject; the existence of automated decision-making, including profiling pursuant to Article 22 (1) and (4) of the 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.

You have the right to request information about whether your personal data is transferred to a third country or to an international organization.

In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

 Right to rectification pursuant to Art. 16 GDPR

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

 Right to erasure pursuant to Art. 17 GDPR

(1) You may request the controller to erase your personal data without undue delay, and the controller is obliged to erase this data without undue delay, if one of the following reasons applies:

The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed. You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.

You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

The personal data concerning you have been processed unlawfully. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

The personal data concerning you has been collected in relation to information society services offered pursuant to Art. 8 (1) of the GDPR.

(2) If the controller has made your personal data public and is obliged to erase it pursuant to Art. 17 (1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

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

For the exercise of the right to freedom of expression and information; for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; for reasons of public interest in the area of public health pursuant to Art.

9 (2) (h) and (i) and Art. 9 (3) GDPR; for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or for the assertion, exercise or defense of legal claims.

 Right to restriction of processing according to Art. 18 GDPR

Under the following conditions, you may request the restriction of the processing of your personal data:

if you dispute the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data; 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; the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or 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 defense 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.

 Right to information according to Art. 19 GDPR

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have 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 vis-à-vis the controller to be informed about these recipients.

 Right to data portability according to Art. 20 GDPR

You have the right to receive your personal data that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that

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 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.

Right to object according to Art. 21 GDPR.

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to 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. You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

Right to revoke the declaration of consent under data protection law pursuant to Art. 7 (3) GDPR

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

 Right to complain to 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 place of the alleged infringement, if you consider that the processing of your personal data 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 Art. 77 GDPR.

 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 concerning you or similarly significantly affects you. This does not apply if the decision is necessary for the conclusion or performance of a contract between you and the controller, 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 is carried out 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 Art. 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, including at least the right to obtain the intervention of a person on the part of the Controller, to express his point of view and to contest the decision.

 Integration of other third-party services and content

Description and purpose

It may happen that third-party content, such as videos, fonts or graphics from other websites, is integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as “third-party providers”) are aware of the IP address of the user. This is because without the IP address they would not be able to send the content to the browser of the respective user. The IP address is thus necessary for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. However, we have no influence if the third-party providers store the IP address, e.g. for statistical purposes. Insofar as this is known to us, we inform the users about it. We would like to provide and improve our online offer through these integrations.

Legal basis

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

Contractual or legal obligation for the provision of personal data

The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide it would possibly result in you not being able to use this function or not being able to use it to its full extent.

 Data transfer to third countries

The responsible party may transfer personal data to a third country. In principle, the controller can ensure that an adequate level of protection is brought about for the processing operations by means of various suitable safeguards. It is possible to transfer data transfers on the basis of an adequacy decision, internal data protection rules, approved codes of conduct, standard data protection clauses or an approved certification mechanism pursuant to Art. 46 (2) (a)-(f) GDPR.

If the controller makes a transfer to a third country on the legal basis of Art. 49 (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 respective third country or if certain agreements between the European Union and the respective third country are declared invalid. Specifically, in some third countries there are risks regarding the effective protection of EU fundamental rights through the use of surveillance laws (for example, the USA). In such a case, it is the responsibility of the controller and the recipient to assess whether the rights of data subjects in the third country enjoy an equivalent level of protection as in the Union and can also be effectively enforced.

However, the General Data Protection Regulation should not undermine the level of protection afforded to natural persons throughout the Union when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organizations, including when 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.

 Security

We have taken extensive technical and operational precautions to protect your data from accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, we continuously ensure data protection by constantly auditing and optimizing our data protection organization.

 Conclusion

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