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"General Terms and Conditions for Driving Schools"

Status November 2016 The Federal Association of Driving Instructor Associations recommends that the driving schools affiliated with it through their member organizations use the following General Terms and Conditions without obligation.

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Section 1 Part of the training The driver training includes theoretical and practical driving lessons. Written training contract This is based on a written training contract. Legal basis of the training The lessons are given on the basis of the applicable legal provisions and the legal regulations based on them, namely the driver training regulations. The following conditions, which are part of the training contract, also apply. Completion of the training The training ends when the driver's license test is passed, in any case after six months from the conclusion of the training contract. If the training relationship is continued after termination, the fees of the driving school are decisive for the services offered by the driving school, which are shown by the price display determined according to § 19 FahrlG at the time of the continuation of the training contract. The driving school must point this out when continuing. Lack of aptitude of the learner driver If, after the conclusion of the training contract, it turns out that the learner driver does not meet the necessary physical or mental requirements for acquiring the driver's license, point 6 shall apply to the services of the driving school.

 

Section 2 Fees, price display The fees to be agreed in the training contract must correspond to those announced by the notice in the driving school.

 

Section 3 Basic amount and services a) The basic amount covers: The general expenses of the driving school as well as the provision of theoretical lessons and the necessary preliminary tests up to the first theoretical test. For further training in the event that the theoretical test is not passed, the driving school is entitled to charge the partial basic amount agreed in the training contract, but no more than half of the basic amount for the respective class; the levying of a partial basic amount after a failed practical test is not permitted. Remuneration for driving lessons and services b) The remuneration for the 45-minute driving lesson covers: The costs for the training vehicle, including vehicle insurance and the provision of practical driving lessons. Cancellation of driving lessons/notification period If the learner driver cannot keep an agreed driving lesson, the driving school must be informed immediately. If agreed driving lessons are not canceled at least 2 working days before the agreed date, the driving school is entitled to demand compensation for driving lessons not taken by the learner driver in the amount of three quarters of the driving lesson fee. The learner driver reserves the right to prove that no damage has occurred or that the damage was significantly lower. Fee for the presentation for the examination and services c) The fee for the presentation for the examination covers: The theoretical and the practical examination presentation including the test drive. In the case of repeat examinations, the fee will be charged as agreed in the training contract.

 

Section 4 Terms of payment Unless otherwise agreed, the basic amount upon conclusion of the training contract, the fee for the driving lesson before the start of the same, the amount for the presentation for the exam together with any administrative and exam fees that may have been paid are due no later than 3 working days before the exam. Refusal of performance if the claims are not settled If the fee is not paid by the due date, the driving school can refuse to continue the training and the registration and presentation for the test until the claims have been settled. Payment of fees for continuation of the training The fee for any additional theoretical training that may be required (section 3a, paragraph 2) must be paid before it begins.

 

Clause 5 Termination of the contract The training contract can be terminated by the driver at any time, by the driving school only for good cause: An important reason exists in particular if the driver a) despite a request and without a good reason within 4 weeks of the conclusion of the contract with the training begins or he interrupts it for more than 3 months without a valid reason, b) has failed the theoretical or the practical part of the driving license test after repeating it twice, c) repeatedly or grossly violates the instructions or orders of the driving instructor. Notice of termination in text form Termination of the training contract is only effective if it is made in text form.

 

Section 6 Fees in the event of contract termination If the training contract is terminated, the driving school is entitled to payment for the driving lessons provided and any presentation for the test that may have taken place. If the driving school terminates for an important reason or the driver learner, without being caused by the driving school acting in breach of contract (see Section 5), the driving school is entitled to the following fee: a) 1/5 of the basic amount if the termination occurs after the conclusion of the contract with the driving school , but before the start of the training; b) 2/5 of the basic amount if the termination occurs after the start of the theoretical training but before the completion of one third of the minimum theoretical teaching units prescribed for the classes applied for; c) 3/5 of the basic amount if the termination occurs after the completion of one third but before the completion of two thirds of the minimum theoretical instruction units required for the requested classes; d) 4/5ths of the basic amount if the cancellation occurs after completing two-thirds of the minimum theoretical instruction units required for the requested classes, but before their completion; e) the full basic amount if the termination occurs after the conclusion of the theoretical training. If the driving school terminates the contract without good cause, or if the learner driver terminates the contract because the driving school has acted in breach of contract, the driving school is not entitled to the basic amount. An advance payment is to be refunded.

 

Section 7 Adherence to agreed deadlines The driving school, driving instructor and learner driver must ensure that the agreed driving lessons begin on time. Driving lessons always start and end at the driving school. If the learner driver deviates from this, the driving time spent will be charged at the driving hour rate. If the driving instructor is responsible for the late start of a driving lesson or if he interrupts the practical lesson, the lost training time must be made up for or credited. Waiting times in the event of a delay If the driving instructor is more than 15 minutes late, the learner driver does not have to wait any longer. If the learner driver is responsible for the late start of an agreed practical training, the lost training time is at his expense. If he is more than 15 minutes late, the driving instructor does not have to wait any longer. The agreed training period is then considered canceled (section 3b paragraph 3). Loss compensation The loss compensation for the training period not used by the learner driver also amounts to three quarters of the hourly driving fee in this case. The learner driver reserves the right to prove that no damage has occurred or that the damage was significantly lower.

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Section 8 Exclusion from the lesson The learner driver is to be excluded from the lesson: a) If he is under the influence of alcohol or other intoxicating substances; b) If there are other reasons to doubt his ability to drive. Cancellation compensation In this case, the learner driver must also pay three quarters of the driving lesson fee as cancellation compensation. The learner driver reserves the right to prove that no damage has occurred or that the damage was significantly lower.

 

Section 9 Treatment of training equipment and vehicles The learner driver is obliged to treat the training vehicles, teaching models and other illustrative material with care.

 

Section 10 Operation and commissioning of training vehicles Training vehicles may only be operated or commissioned under the supervision of the driving instructor. Violations can result in criminal prosecution and liability for damages. Special obligations of the learner driver during motorcycle training If the connection between the learner driver and the driving instructor is lost during motorcycle training or testing, the learner driver must stop immediately (suitable points), switch off the engine and wait for the driving instructor. If necessary, he has to inform the driving school. When leaving the vehicle, he must park it properly and secure it against unauthorized use.

 

Section 11 Completion of the training The driving school may only complete the training if it is convinced that the learner driver has the necessary knowledge and skills to drive a motor vehicle (§ 16 FahrlG). Therefore, the driving instructor decides on the completion of the training at his discretion (§ 6 FahrschAusbO). Registration for the test Registration for the driving test requires the approval of the learner driver; it is binding for both parties. If the learner driver does not appear at the examination date, he is obliged to pay the fee for the presentation for the examination and any fees incurred or incurred.

 

Section 12 Place of jurisdiction If the learner driver does not have a general place of jurisdiction in Germany or if he moves his domicile or habitual place of residence from within Germany after the conclusion of the contract, or if the habitual place of residence is not known at the time the complaint is filed, the place of jurisdiction is the seat of the driving school.

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Imprint 

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According to § 5 TMG

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peter thomas

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Driving School Thomas 

Bayerstrasse 1 

86199 Augsburg 

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Contact:

Tel.        _cc781905-5cde-3194-bb3b-158_8082/99

Fax.      0821/88799863

Email.   info@fahrschule-thomas-augsburg.de

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Tax ID:

according to §27a sales tax law

103/280/60839

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Driving license office:

City of Augsburg

At the Blue Cap 18

86152 Augsburg

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supervisory authority:

City of Augsburg - Road Traffic Office

Karlstrasse 2

86150 Augsburg 

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Content responsible according to §10 paragraph 3 MDStV:

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peter thomas

Bayerstrasse 1 

86199 Augsburg 

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and 

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Merlin Schachow 

Bayerstrasse 1

86199 Augsburg 

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Concept and programming: 

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Merlin Schachow 

Bayerstrasse 1

86199 Augsburg 

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Data protection

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The person responsible within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Peter Thomas and Merlin Shakhov

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Your data subject rights

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You can exercise the following rights at any time using the contact details provided for our data protection officer:

  • Information about your data stored by us and their processing (Article 15 GDPR),

  • Correction of incorrect personal data (Article 16 GDPR),

  • Deletion of your data stored by us (Article 17 GDPR),

  • Restriction of data processing if we are not yet allowed to delete your data due to legal obligations (Article 18 GDPR),

  • Objection to the processing of your data by us (Article 21 GDPR) and

  • Data transferability if you have consented to data processing or have concluded a contract with us (Article 20 GDPR).

If you have given us your consent, you can revoke this at any time with effect for the future.

You can contact a supervisory authority at any time with a complaint, e.g. B. to the competent supervisory authority of the federal state of your place of residence or to the authority responsible for us as the responsible body.

A list of the supervisory authorities (for the non-public area) with address can be found at:  https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html .

 

Collection of general information when visiting our website

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Type and purpose of processing:

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If you access our website, ie if you do not register or otherwise submit information, information of a general nature is automatically recorded. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address and the like.

In particular, they are processed for the following purposes:

  • Ensuring a problem-free connection to the website,

  • ensuring smooth use of our website,

  • Evaluation of system security and stability as well

  • to optimize our website.

We do not use your data to draw conclusions about your person. Information of this type is statistically evaluated by us, if necessary anonymously, in order to optimize our website and the technology behind it.

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Legal basis and legitimate interest:

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The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.

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Recipient:

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Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.

 

Storage duration:

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The data will be deleted as soon as they are no longer required for the purpose of collection. This is generally the case for the data used to provide the website when the respective session has ended.

 

Provision prescribed or required:

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The provision of the aforementioned personal data is neither required by law nor by contract. Without the IP address, however, the service and functionality of our website cannot be guaranteed. In addition, individual services may not be available or may be restricted. For this reason, an objection is excluded.

 

Cookies:

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Like many other websites, we also use so-called "cookies". Cookies are small text files that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website.

You can delete individual cookies or the entire cookie inventory. You will also receive information and instructions on how these cookies can be deleted or how their storage can be blocked in advance. Depending on the provider of your browser, you will find the necessary information under the following links:

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Duration of storage and cookies used:

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If you allow us to use cookies through your browser settings or consent, the following cookies can be used on our websites for 90 days:

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Technically necessary cookies

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Type and purpose of processing:

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

 

Legal basis and legitimate interest:

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The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in a user-friendly design of our website.

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Recipient:

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Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.

 

Provision prescribed or required:

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The provision of the aforementioned personal data is neither required by law nor by contract. Without this data, however, the service and functionality of our website cannot be guaranteed. In addition, individual services may not be available or may be restricted.

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contradiction:

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Read the information about your right of objection according to Art. 21 GDPR below.

 

Comment function:

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Type and purpose of processing:

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If users leave comments on our website, the time of their creation and the user name previously selected by the website visitor are saved in addition to this information. This is for our security, as we can be prosecuted for illegal content on our website, even if it was created by users.

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Legal basis:

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The data entered as a comment is processed on the basis of a legitimate interest (Article 6 (1) (f) GDPR).

By providing the comment function, we would like to enable you to interact in an uncomplicated manner. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions.

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Recipient:

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Recipients of the data may be processors.

 

Storage duration:

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The data will be deleted as soon as they are no longer required for the purpose of collection. This is generally the case when communication with the user has been completed and the company can infer from the circumstances that the matter in question has been finally clarified. We reserve the right to delete without giving reasons and without prior or subsequent information.

You can also have your comment deleted by us at any time. To do this, please send an e-mail to the data protection officer listed below or the person responsible for data protection and transmit the link to your comment and, for identification purposes, the e-mail address used when creating the comment.

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Provision prescribed or required:

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The provision of your personal data is voluntary. Without providing your personal data, we cannot grant you access to our comment function.

 

Newsletter

Type and purpose of processing:

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For the delivery of our newsletter, we collect personal data that is transmitted to us via an input mask.

For an effective registration we need a valid e-mail address. In order to check that the owner of an e-mail address is actually registering, we use the "double opt-in" procedure. To do this, we log the registration for the newsletter, the sending of a confirmation email and the receipt of the response requested here. Further data is not collected.

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Legal basis:

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On the basis of your expressly given consent (Art. 6 Para. 1 lit. a DSGVO), we will regularly send you our newsletter or comparable information by e-mail to the e-mail address you have provided.

You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time with effect for the future. There is a corresponding link in every newsletter. You can also unsubscribe directly on this website at any time or inform us of your revocation via the contact option given at the end of this data protection notice.

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Recipient:

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Recipients of the data may be processors.

 

Storage duration:

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The data will only be processed in this context as long as the corresponding consent has been given. After that they will be deleted.

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Provision prescribed or required:

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The provision of your personal data is voluntary, based solely on your consent. Unfortunately, we cannot send you our newsletter without your consent.

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Withdrawal of consent:

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You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time with effect for the future. Unsubscribing can be requested via the link contained in each e-mail or to the data protection officer listed below or the person responsible for data protection.

 

contact form

Type and purpose of processing:

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The data you enter will be stored for the purpose of individual communication with you. This requires you to provide a valid email address and your name. This is used to allocate the request and then to answer it. Providing further data is optional.

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Legal basis:

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The data entered in the contact form is processed on the basis of a legitimate interest (Article 6 (1) (f) GDPR).

By providing the contact form, we would like to make it easy for you to contact us. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions.

If you contact us to request an offer, the data entered in the contact form will be processed to carry out pre-contractual measures (Article 6 (1) (b) GDPR).

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Recipient:

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Recipients of the data may be processors.

 

Storage duration:

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Data will be deleted no later than 6 months after processing the request.

If there is a contractual relationship, we are subject to the statutory retention periods according to the German Commercial Code and delete your data after these periods have expired.

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Provision prescribed or required:

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The provision of your personal data is voluntary. However, we can only process your request if you provide us with your name, email address and the reason for the request.

 

Use of Google Analytics

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If you have given your consent, Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA (hereinafter: "Google"), is used on this website. Google Analytics uses so-called "cookies", i.e. text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Due to the activation of IP anonymization on this website, however, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

For more information on terms of use and data protection, see   https://www.google.com/analytics/terms/de.html and https://policies.google.com/?hl=de .

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 other services related to website activity and internet usage to the website operator.

The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. Data that has reached the end of its retention period is automatically deleted once a month.

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Withdrawal of consent:

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You can opt out of being tracked by Google Analytics on our website by clicking  this link . An opt-out cookie will be installed on your device. This will prevent future detection by Google Analytics for this website and for this browser as long as the cookie remains installed in your browser.

You can also prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full.

You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install:  Browser Add On to disable Google Analytics .

 

Use of script libraries (Google Webfonts)

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In order to display our content correctly and graphically appealing across browsers, we use "Google Web Fonts" from Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; hereinafter "Google") to display fonts on this website.

For more information about Google Web Fonts, see   https://developers.google.com/fonts/faq   and Google's privacy policy:_cc781905-5cde-3194 -bb3b-136bad5cf58d_ https://www.google.com/policies/privacy/ .

 

Using Typekit web fonts from Adobe Fonts:

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We use Typekit web fonts from Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Software Ireland Companies (4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland; hereinafter "Adobe") that gives us access to a font library.

To integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. This gives Adobe the information that our website was accessed from your IP address.

For more information about Adobe Fonts, see the Adobe Fonts privacy policy, which you can access here:  https://www.adobe.com/de/privacy/policies/adobe-fonts.html

If your browser does not support web fonts or you do not give your consent, a standard font will be used by your computer.

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Withdrawal of consent:

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The provider currently offers no option for a simple opt-out or blocking of data transmission. If you want to prevent your activities on our website from being tracked, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transmissions in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.

 

Use of Google Maps

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On this website we use the offer of Google Maps. Google Maps is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter “Google”). This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function.
For more information about data processing by Google, see Google's privacy policy:  https://policies.google.com/privacy . There you can also change your personal data protection settings in the data protection center.

You can find detailed instructions on how to manage your own data in connection with Google products here:  https://www.dataliberation.org

By visiting the website, Google receives information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account.

If you do not wish to be assigned to your profile on Google, you must log out of Google before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and/or needs-based design of its websites. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

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Withdrawal of consent:

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The provider currently offers no option for a simple opt-out or blocking of data transmission. If you want to prevent your activities on our website from being tracked, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transmissions in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.

 

Embedded YouTube videos

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We embed YouTube videos on our website. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (hereinafter "YouTube"). YouTube, LLC is a subsidiary of Google LLC, 1600 Amphitheater Pkwy, Mountain View, CA 94043, USA (hereinafter “Google”). When you visit a page with the YouTube plugin, a connection to the YouTube servers is established. This tells YouTube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.

If a YouTube video is started, the provider uses cookies that collect information about user behavior.

Further information on the purpose and scope of data collection and its processing by YouTube can be found in the provider's data protection declaration. There you will also find further information on your rights in this regard and setting options for protecting your privacy ( https://policies.google.com/privacy ). .

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Withdrawal of consent:

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The provider currently offers no option for a simple opt-out or blocking of data transmission. If you want to prevent your activities on our website from being tracked, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transmissions in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.

 

SSL encryption

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In order to protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.

 

Information about your right of objection according to Art. 21 GDPR

Individual right of objection

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You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 (1) (f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

If you file an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

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Recipient of an objection

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Peter Thomas and Merlin Shakhov
Bayerstrasse 1
86199 Augsburg

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Change to our privacy policy

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We reserve the right to adapt this data protection declaration so that it always corresponds to the current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.

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Questions to the data protection officer

If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization directly:

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Phone 0821/88799865
Fax. 0821/88799863
E-mail. info@fahrschule-thomas-augsburg.de

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The data protection declaration was created with the help of activeMind AG, the experts for   external data protection officers  (Version #2020-09-30) .

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