Contact details of the controller and the data protection officer
Contact Details of the Controller:
Data Protection Officer:
The data protection officer of AFES AG can be reached at the above address with the addition „-Data Protection Officer-“ or by email at firstname.lastname@example.org.
Collection and storage of personal data as well as type and purpose and their use
For the purpose of claims handling, especially the following data is collected, processed and used: name data, date of birth, address data, communication data (e.g. telephone, e-mail address), damage data, accident data, vehicle data, health data, etc.
The collection of this data takes place: for correspondence with you; for correspondence with national and foreign insurance companies, motor Insurance bureaus and central service centers for vehicle registration; for the processing of any existing liability claims according to the „Internal Regulations“ and the 4th Motor Directive” as well as the assertion of any claims against you or your liability insurer.
We process your personal data in compliance with the EU General Data Protection Regulation (GDPR) and all other relevant laws.
The legal basis for the processing of personal data by AFES AG as a claims handling office or representative in the context of the processing of claims in accordance with the „Internal Regulations“ and the “4th Motor Directive” is Article 6 subparagraph 1. point (f) GDPR. The data processing takes place to protect the legitimate interests of us or third parties.
On this basis, we process your data in particular to ensure IT security and IT operations and to combat fraud.
Insofar as special categories of personal data within the meaning of Article 9 paragraph 1 GDPR (e.g. health data provided by you for compensation of body damage claims), the processing is carried out on the basis of Article 9 paragraph 2 point (f) GDPR. A separate consent by you is not required – apart from a possible release from the duty of confidentiality – according to this.
In addition, we process your personal data to comply with legal obligations, such as regulatory requirements and commercial and tax retention obligations. In this case, the legal basis for the processing is Art. 6 subparagraph 1 point (c) GDPR.
Should we wish to process your personal data for a purpose not mentioned above, we will inform you in advance within the framework of the statutory provisions and, if necessary, obtain your consent.
Disclosure of data to third parties
If necessary for the settlement of claims according to the “Internal Regulations” and the “4th Motor Directive”, your data may be forwarded to national and foreign insurance companies, motor Insurance bureaus and central service centers for vehicle registration. A transfer of data to these bodies may also be necessary for the purpose of clarifying and enforcing possible claims of these bodies against you or your insurer. Insofar as the collection of relevant information from official bodies (e.g. inspection of the official investigation file) is useful for the clarification of the facts, the data necessary for obtaining this information may be passed on to the appropriate body and, if necessary, to those responsible for obtaining this information.
In addition, we sometimes use external service providers such as external experts to fulfil our tasks. A transfer of your personal data to third parties for purposes other than those listed above does not take place.
Duration of data storage
We will delete your personal data as soon as it is no longer necessary for the above mentioned purposes. It may happen that personal data is kept for the time in which claims can be asserted. In addition, we store your personal data to the extent that we are legally obliged to do so. Proof and retention periods result from, among other things, the Commercial Code and the Tax Code.
Data transfer to a third country
Should we transfer your personal data to service providers, insurance companies or other bodies outside the European Economic Area (EEA) as part of the processing of any existing claims, the transfer will usually only take place if the third country has been confirmed by the EU Commission to have an adequate level of data protection or other appropriate data protection guarantees (e.g. binding internal company data protection regulations, EU-Standard-Contractual-Clauses). Detailed information on this as well as on the level of data protection can be requested under our above-mentioned contact information.
As far as third countries are concerned, whose level of data protection has not yet been confirmed as adequate by the EU Commission and no other adequate data protection guarantees are available, the transfer takes place on the basis of the exception provided for in Article 49 GDPR, insofar as this is necessary for the assertion, exercise or defence of legal claims.
Rights of data subjects
You can request information about the data stored about you under the above-mentioned contact information. In addition, under certain conditions, you can request the correction or deletion of your data. You may also have a right to restrict the processing of your data and a right to disclose the data you have provided in a structured, commonly used and machine-readable format. If the processing is based on a previously given consent, you can revoke this at any time.
If we process your data to safeguard legitimate interests, you can object to the processing if your particular situation gives rise to reasons that speak against the data processing.
Right of complaint
You have the option of contacting the below mentioned data protection officer with a complaint.
Contact details of our data protection officer:
-Data Protection Officer-
In addition, you have the option of contacting the competent data protection authority in your country with a complaint. Contact details of the competent data protection authority you can find on the below mentioned web address: https://www.datenschutzstelle.li/