Privacy and Data Protection Policy

Privacy Policy of GasGas Motorcycles GmbH (hereinafter referred to as “GasGas”):

We at GasGas respect and protect the privacy of all our customers and visitors to our website (hereinafter “visitors”) and adhere strictly to the regulations under data protection law. Personal data will be collected on this website only to the extent required. Under no circumstances will the data stored be sold. The following policy gives you an overview of how we ensure this protection and the information required under Article 13 of the General Data Protection Regulation on the processing of your data, in particular which categories of data GasGas stores in respect of the users of the website www.GasGas.comand/or customers of authorized GasGas dealers, and for what purpose. This Privacy Policy applies to all GasGas websites and all products and services that GasGas offers. In this context, this GasGas Privacy Policy also applies in respect of all GasGas group companies which may collect and/or process data.

Collection and processing of personal data

In general, it is not necessary to provide personal data in order to use our website. However, we may require your personal data insofar as it is necessary for the performance of a contract with us or for the implementation of pre-contractual measures (see Art. 6 (1) (b) of the GDPR). All your personal data, specifically your email address, your name, your residential address, and your date of birth, are collected by us only when you provide this to us, for example, in performing a contract, processing an order, in the context of a competition, providing informational material or a survey, as well as registering for newsletters. Visitors can of course choose not to provide any data in order to use the website anonymously, but must then be aware that some functions may in certain circumstances only be available to a limited extent.

GasGas recognizes and respects the importance of the responsible use of the data collected from visitors and customers. GasGas will not use this data to contact you and inform you of product news, services and offers without your permission. 

Transfer of personal data to third parties

If required by law or contract, or if we have a legal and legitimate interest, it may be necessary in an individual case to submit your data to our group companies or external business partners.

Your data will not be sold, leased, or otherwise transmitted to external third parties. This does not include: trustworthy partners who support us in operating the website, in the course of doing business, or in other services in which it is, of course, ensured that they are obligated to maintain confidentiality. Within the scope of processing your order or request, we sometimes commission external business partners, who are, however, contractually obliged to comply with the data protection regulations.

The transmission of the data to the group companies of GasGas or other third parties shall only take place to the extent such recipients have provided GasGas with an undertaking to observe the applicable data protection regulations.

Insofar as we involve external business partners in the context of data processing, we have ensured that these have been selected and are monitored in accordance with the relevant statutory provisions and are also obliged to comply with the data protection regulations and laws. Apart from this, your data is not transferred.

We also take in-house data protection within the group very seriously. Our employees and subcontracted business partners are obliged by us to maintain confidentiality and to adhere to the data protection regulations.

The respective GasGas group company works with trustworthy partners.

Specifically, your personal data may be transmitted to the following group companies or business partners:

Recipient

  • KTM group companies
    (a list of all group companies can be viewed here): https://www.ktmgroup.com/de/unternehmen/)
  • GasGas dealers or service partners
  • Other business partners

Collection and storage of usage data

When accessing the website, the following electronic communication metadata are stored: IP address, date and time of access, name of the file called up, sub-page as well as anonymous username, city, user’s region and country, user’s operating system, user’s browser, user’s browser version, user’s interactions on the website, pages visited by the user, duration of the session and number of sessions of the user, date of the first visit to the website, date and time of each interaction of the user, time spent on the website, duration of requests by the user, user’s requests, exception errors of the website, date and time and duration of exception errors. The data can be evaluated anonymously for statistical purposes. This data is kept strictly confidential and not transferred outside the GasGas system or made accessible to other third parties, unless this is necessary to fulfill legal or contractual obligations or to fulfill the legal and legitimate interests of GasGas.

We delete or anonymize your data as soon as it is no longer needed for the transmission of a communication. If the processing of the electronic communications metadata is for billing purposes, we shall retain the relevant communication metadata up to the end of the period during which the invoice may be legally challenged or the claim for payment asserted. We store this electronic communications metadata for a period of three years from the conclusion of the contract because in terms of the Austrian General Civil Code (ABGB) a claim on the grounds of error must be asserted within three years from conclusion of the contract (see Art. 1487 of the ABGB) and claims for supplies of goods or services to a commercial business lapse after three years (see Art. 1486, para. 1, line 1 of the ABGB).

Rights of the data subject

You have the right at any time and without providing reasons to obtain information in regard to your stored personal data, its origin and recipients, as well as the purpose of the storage (Art. 15 of the GDPR). In this regard, please use the contact address provided in point 13. In order to receive information, you must identify yourself as the person about which the information is to be provided or submit proof that you are authorized to receive information about a third party. Furthermore, we would also like to inform you that you have the right to have your data corrected or deleted (Art. 16 of the GDPR); have the right to request the processing of your data to be restricted (Art. 18 of the GDPR); have the right to object to data processing (Art. 21 of the GDPR) and the right to data portability (Art. 20 of the GDPR).

If, in spite of our obligation to process your data lawfully, your right to the legitimate processing of your data is infringed, contrary to expectation, you have the right to lodge a complaint with the regulatory authority or to apply to court for relief.

Links to external websites

The website may contain hyperlinks to external websites that do not belong to the GasGas organization. If you visit such websites, GasGas can no longer be responsible for the treatment of your data as confidential. The transmission of your data from the Internet occurs in part unencrypted. Consequently, unauthorized access by third parties cannot be entirely excluded.

GasGas's commitment to protecting the privacy of children

The protection of children's data is important to us. For this reason we do not collect or maintain any data of children who are, to our knowledge, under 14 years of age without first obtaining the verifiable consent of the parents or guardian. In addition, we require only so much personal information from children as is absolutely necessary for their participation in activities. 

Modifications to this privacy policy

Due to the fast development of the Internet and the legal situation, it may be necessary to make occasional changes to our Privacy Policy. Accordingly, please always take note the currently applicable version.

Acceptance of this Privacy Policy

By using this Privacy Policy, visitors declare that they have read and understood it, and that they accept its exclusive validity. Acceptance of this Privacy Policy does not replace explicit consent to data processing.

Facebook Pixel

To measure conversion rates, this website uses the visitor activity pixel of Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“).

This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Facebook ad. This makes it possible to analyse the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns.

For us as the operators of this website, the collected data is anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Facebook archives the information and processes it, so that it is possible to make a connection to the respective user profile and Facebook is in a position to use the data for its own promotional purposes in compliance with the Facebook Data Usage Policy. This enables Facebook to display ads on Facebook pages as well as in locations outside of Facebook. We as the operator of this website have no control over the use of such data.

The use of Facebook Pixel is based on Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in effective advertising campaigns, which also include social media. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

In Facebook’s Data Privacy Policies, you will find additional information about the protection of your privacy at: https://www.facebook.com/about/privacy/.

You also have the option to deactivate the remarketing function „Custom Audiences“ in the ad settings section under https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you first have to log into Facebook.

If you do not have a Facebook account, you can deactivate any user based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance: https://www.youronlinechoices.com/uk/your-ad-choices.

Contact

If you have any questions that have not been answered by this Privacy Policy, or if you require more detailed information on a particular point, please feel free to write to GasGas at any time at the following address:

GASGAS Motorcycles GmbH
Stallhofner Straße 3
5230 Mattighofen
Austria

Toll-Free Phone Number: 888-484-1194

+43 7742 6000
ccpa@ktmnorthamerica.com

VAT Number ATU74882638


This policy was last updated in January 2020