PRIVACY STATEMENT 

Last update: 10/03/2024

For the company with the name "FLEX GROUP CAR SALES MONOPROSOPI ANONYMI ETERIA" (No. GEMI 161006601000, Tagiapiera no. 6-8, Athens) (hereinafter "OpenCars" or "Data Controller" or "We") the protection of Personal Data of our customers and partners and respecting the individual's privacy is a self-evident commitment and the company takes all necessary measures to collect and process personal data in accordance with the General Data Protection Regulation (EU) 679/2016 (hereinafter " GDPR") and other applicable national and European legislation. We take all the necessary organizational and technical measures required to ensure the security, availability and validity of our customers' and partners' data.

It is very important to us that this strong commitment is clear to all our customers and partners. For this reason, we have created this "Privacy and Personal Data Protection Statement" which describes and explains what kind of personal data of our customers and partners we collect, how we manage it and for what purpose. Please take some time to read and understand this update.

What is personal data?

The term "personal data" refers to information of natural persons, such as indicative name, postal address, e-mail address, contact telephone number, etc., which identify or can identify you, hereinafter "Personal Data or Data".

What is Personal Data Processing?

Any operation or sequence of operations performed with or without the use of automated means, in Personal Data or in personal data sets such as collection, registration, organization, structure, storage, adaptation or modification, retrieval , the search for information, use, disclosure by transmission, dissemination or any other form of disposal, association or combination, restriction, deletion or destruction.

How do we collect your Data?

Your personal data is collected directly from you or directly from representatives of our company or by other means of remote communication and mainly through the OpenCars platform that operates at the online address OpenCars.gr (other means of remote collection may be on a case-by-case basis e-mail, electronic forms, phone/fax, etc.). In some cases, it is possible that you have provided your data in the past, in the context of a previous cooperation or relationship with OpenCars. Finally, in specific cases of cooperation, it is possible, after your explicit information, to collect your data from other agencies or registers, in the context of a possible check of your creditworthiness for the purposes of checking the solvency, financing or insurance of claims of our company.

For what purposes do we process your data? 

OpenCars only collects personal data that is absolutely necessary to satisfy the requests of our customers and partners, to carry out our cooperation with them and the smooth conclusion and operation of contractual relations with them, the rental and sale of vehicles and commercial activity in general and its operation. Also, part of this data is collected and used, in order for our company to meet its legal obligations towards public authorities (tax, insurance, health legislation, etc.). Also, data collection and processing takes place for critical functions of our business, such as the control of its credit policy, the solvency of its customers and the insurance of its claims. In the event that additional, optional information is sought on our behalf, you will be informed about it at the time of data collection. Finally, your contact data (such as your e-mail address, telephone or postal address) may be used by our company in order to inform you about new vehicles, offers, discounts and other promotional activities. In any such communication from us, you will be given the immediate and cost-free option to opt out of receiving such updates and communications from OpenCars in the future in any way.

In the course of the commercial activity of our company, we may collect the following personal data of our customers, partners or prospective customers and partners:

• Personal data (such as first name, last name, address, VAT number, identity card number, sample signature)
• Financial transaction details (such as bank account numbers, debit or credit card details and generally other means and payment methods such as paypal).
• Financial status data (such as tax authorities' liquidation notes, balance sheets, accounting data, court or chamber certificates and generally data related to financial status).
• Contact details (phone, contact email, mailing address).
• Accident report details, car accident data with our company's vehicles.
• Recording of telephone conversations for the purposes of professional communication if it is necessary to prove that the specific conversation took place and had a specific content (such as in the case of recording complaints, requests by you or third parties for the provision of information in questions concerning cases of vehicle management, damage, etc. a.)
• Identification data to the extent required in order to satisfy any of your rights (access, deletion, correction, etc.) for the purpose of identifying you and settling your request.
• Information collected from the use of cookies in your browser on our website.
• Finally, in the context of your relationship with OpenCars, iespecially in cases of financing for the purchase of a vehicle, you may be required to provide evidence of your creditworthiness, such as tax returns proving your income.

What is the legal basis for processing your Personal Data?

In the context of the purposes described in this Privacy Policy, OpenCars processes personal data of its customers and partners, only when it has a legal reason to carry out the relevant processing based on the following legal bases, in the case of more specific processing operations:

• Contract performance: processing necessary to fulfill and comply with our contractual obligations.
• Fulfillment of our company's legal obligations, such as recording in our accounting books, fulfillment of tax and other legal obligations (e.g. issuance and registration of legal documents, etc.).
• Managing our customers and suppliers and ensuring the smooth running of our company and the proper servicing and processing of customer and supplier requests.
• To safeguard our legitimate interests, to the extent that processing does not violate overriding legitimate interests of the subjects, such as for example keeping data for the defense of our company against legal claims, assertion of claims, as well as documentation in case of administrative and similar nature checks or audits creditworthiness of our counterparties and processing for credit insurance purposes.
• Your consent: in case our company communicates to you updates about new products, offers, discounts and other promotional activities. In such a case, you will always have the possibility to immediately, easily and inexpensively withdraw your consent, as a result of which any sending of such material will immediately stop.

Who do we share your Personal Data with? 

OpenCars does not disclose your personal data to third parties that are not related parties, unless this is required for the purposes of legitimately fulfilling our professional and business needs, in order to meet our contractual obligations to our customers and partners, or is required or permitted by the law or there is express consent of the data subject for this purpose.

The data of our customers and partners are processed in the context of what is defined herein, by departments and employees of our company responsible for the conclusion, execution and management of our contractual commercial relationships, as well as by any of our partners for the same reasons. Likewise, they will be processed by the other departments of our company in the context of our legal operation, to fulfill our obligations by law (e.g. accounting, legal service).

Also, your data, to the extent that this is appropriate for the fulfillment of our contractual or other obligations and to better serve you, satisfy your requests and smoothly cooperate with us, may be transmitted to Banking Institutions or other payment service providers or to providers cooperating with the Company, such as insurance companies, cooperating debtor information companies, companies providing consulting and auditing services, any cooperating record keeping and management companies, cooperating IT companies, cooperating companies providing services for printing, organizing and delivering forms, cooperating advertising companies and promotion, garages and vehicle technicians, etc. OpenCars, in any case where such data transmission becomes necessary, takes care to transmit to third parties, if and only if they meet high levels of data security and confidentiality and provide sufficient guarantees and commitments for their protection, which they undertake, among other things, by virtue of written contracts.

Your data may be processed for the purposes of examining your solvency, creditworthiness and for the purposes of our company's credit insurance with notification to relevant bodies and registers, as well as to cooperating claim insurance companies.

Finally, the company may disclose data to public authorities of all kinds (public services, tax authorities, insurance organizations, etc.) or to judicial or independent authorities, prosecutorial authorities or investigative bodies, if this is foreseen or required by law or absolutely deemed necessary necessary to defend our legal rights.

If we are going to transfer your data to a recipient established in a third country we take care to ensure an adequate level of protection of your personal data transferred in accordance with Articles 46-49 GDPR. 

What is the retention period of your Personal Data? 

The personal data are kept for the period that is absolutely necessary for the execution and completion of the processing purposes mentioned above. The exact retention time of each category of data is linked to: (a) the time necessary, in reasonable commercial and operational contexts to fulfill our contractual and commercial obligations (b) to any applicable statutory provisions on data retention from time to time, such as applies to the maintenance of the accounting and tax records of our company or the data addressed to insurance organizations (c) with the duration of our commercial or contractual relationship with our customers or partners (d) with the possible necessity of maintaining data for the defense of legal interests us, proof of compliance, defense against claims and the judicial pursuit of our claims (e) if the processing is based on the consent of the subject the retention time is determined by the retention time of this consent.

As an example, the usual retention times that apply on a case-by-case basis for the personal data we process are: 

• Data which fall under the pre-contractual stage, and which we process in the context of submitting offers and/or evaluating applications for the conclusion of a lease contract, if the contract does not proceed, are kept for two (2) years after the end of the year in which it ended the offer. 
• Data submitted through accident reports are kept for five (5) years from the end of the year they were submitted unless legal claims are raised for this reason in which case they are kept for twenty (20) years.  
• Call recording data in the context of communication between us will be kept for thirty (30) days from the date of each communication  
• The data you provide us to satisfy your right related to personal data (access, correction, deletion, etc.) is kept for two (2) years from the processing of the request.

How do we ensure the privacy and security of your Personal Data?

OpenCars maintains appropriate technical and organizational measures to ensure the confidentiality and integrity of Personal Data and to protect it from accidental or unlawful destruction, loss, alteration, unauthorized access or disclosure, as well as any other unlawful form of processing. The processing of data by OpenCars is carried out only in a way that ensures the privacy and security of the data, based on the latest developments, the cost, the nature, the context and the purposes of the processing, with an assessment of the risks and the possibility of their outcome and the effects thereof on data subjects. In this context, we ensure that the processing is carried out exclusively by staff authorized for this purpose, who are bound by confidentiality obligations and provide the necessary protection guarantees. The same happens with all our possible partners, who may be involved in the process (see above under "Disclosures of personal data - recipient categories).

What are your Rights? 

In accordance with existing national and European legislation, you have the following rights in relation to your personal data:

• Right to information and access: You have the right to receive information from OpenCars about the processing of your personal data. Since we process your data, you have the right to receive information about the purpose of the processing, the type of your data, the recipients of the data and their storage period, the case where automated decision-making takes place, but also about your other rights, such as are detailed herein. 
• Right of correction: You have the right to request the correction of inaccurate or incomplete data held by us. Right to delete: You have the right to request the deletion of your data. We remind you that this right is not absolute and is subject to the limitations of the law. We may have legitimate reasons not to respond to such a request.
• Right to restrict processing: You have the right to request the restriction of the processing of your data, i.e. you have the right to request that their further processing is stopped and that your data is simply kept by our company. The exercise of this right is subject to the condition that such possibility is granted to you by the existing legislation. If the legal requirements are not met, the company may not be obliged to fulfill your request.
• Right to portability: You have the right to receive the data concerning you in a readable form and to request their transfer to another data controller, as long as this is technically possible.
• Right to object: You have the right to object at any time to the processing of your data, within the limitations provided for in existing legislation. Your request may not be accepted by the Controller in the event that there are demonstrably legitimate reasons that make the processing imperative and override your right.  
• Right to withdraw your consent: Since the processing of your personal data is based on your consent, you have the right to immediately, easily and inexpensively withdraw your consent at any time in order to stop this processing. The withdrawal of your consent does not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
• Right of complaint to the Personal Data Protection Authority: In the event that you believe that your rights have been violated, you have the right to submit a complaint to the Personal Data Protection Authority at the following details: Address: 1-3 Kifissias Ave., Athens, P.O. 11523, Contact Phone: 210 6475600, Email: contact@dpa.gr   
• In order to exercise any of your rights, as well as for any information or clarification regarding them and the conditions for their exercise, as well as your information about the progress of your submitted requests, you can contact OpenCars at the email address dpo@flexcar.gr and at  contact information listed herein. Your authorized OpenCars representative will provide you with any further information and guidance on the steps you need to take. Likewise, you can address any queries, questions, comments or complaints regarding the management of your data to the authorized representative of our company. OpenCars will respond to your request, depending on its validity, within 30 days. In the event that your request is complex or we have received a large number of your requests we will inform you within the aforementioned time frame whether we need to obtain an extension of an additional (2) two months to respond to you. If upon examination of your requests we find that they are manifestly unfounded or excessive, OpenCars may ask you to pay a reasonable fee, the amount of which is determined by the costs of processing it, for its execution. It is pointed out that OpenCars may reasonably refuse to respond to your request. 

How do we process Cookies?  

Cookies are small text files that are stored by the browser on the computer or electronic device you use when you visit a website. Cookies allow online applications to adapt their functions to your needs by gathering and remembering information about your preferences. For more information about cookies and how you can configure their operation, please see the OpenCars Cookies Policy, which is posted on our website.  

Changes to this Privacy and Personal Data Protection Statement

OpenCars may unilaterally and at any time modify this Privacy Statement, so that it reflects any changes regarding the existing relevant policies and practices of our company. We recommend that you regularly visit our company's website in order to be immediately informed of any changes to this Privacy Statement.

What are our Contact Details?  

The following options are available if you wish to contact us, submit a complaint or manage your account information: 

• You can send us your request in writing to the following postal address: Tayapiera no. 6-8, T.K. 115 25 Athens, Greece. 
• You can call us at: +30 21 1199 5650
• You can send an email to address: dpo@flexcar.gr