DATA PRIVACY POLICY

DATA PRIVACY POLICY

 

Data privacy statement

 

We are very happy that you are interested in our firm. Data privacy is of significant importance for the company management of L&_P Elektroautomatisations GmbH. Using the website L&_P Elektroautomatisations GmbH is essentially possible without submitting any person-related data. Processing person-related data could be required as far as one person requires specific services from our company using our website. In case processing of the person-related data is necessary and there is no legal base for it, we generally seek consent from the person being affected.

 Processing person-related data, e.g. name, address, email address, or phone number of one person is always done according to the General Data Protection Regulation and according to the country-specific data privacy regulations of L&_P Elektroautomatisations GmbH. Through this Data privacy statement our company wants to inform the public about the kind, extent, and purpose of the person-related data we acquire, use and process. Furthermore, parties will be clarified about their respective rights through this Data privacy statement.

 Being responsible for the processing, the L&_P Elektroautomatisations GmbH, has implemented numerous technical and organisational measures, in order to secure the most gapless possible protection of the person-related data being processed through this website. Nevertheless, internet-based data transfer can still have potential safety risks, which is why an absolute protection cannot be guaranteed. Because of this reason, every party has the freedom to transfer person-related data to us through alternative ways e.g. through the phone.

 

Definitions

The Data privacy statement of L&_P Elektroautomatisations GmbH is based on regulations which have been used by the European Directive and Regulatory authority in the adoption of the General Data Protection Regulation (GDPR). Our Data privacy statement is meant to be easily readable and understandable for the public as well as for our customers and business partners. We want to clarify all terms beforehand, in order to be able to guarantee the aforesaid.

The terms used in this Data privacy statement include:

a) Person-related data

Person-related data is all information, that refers to one identified or identifiable existing Person (following Data subject). A person is referred to as identifiable when it is directly or indirectly identifiable through assigning an identifier like a name, recognition code, location data, online recognition code, or through more specific features like physical, physiological, genetical, psychological, economical, cultural or social identity of this natural person.

 b) Data subject

A Data subject is every identified or identifiable natural person, whose person-related data is being processed by the Party responsible for processing foresaid data.

 c) Processing

Processing is every automatically or non-automatically conducted procedure or every set of procedures such as the aforesaid that is connected to person-related data such as collecting, recording, organizing, arranging, saving, adapting or changing, selecting, questioning, using, disclosure through transfer, distribution or any other form of provision, alignment and linkage, restriction, the process of deleting and the erasure.

 d) Restriction of processing

Restriction of processing is the marking of saved person-related data with the aim of restricting future processing of aforementioned data.

 e) Profiling

Profiling is every type of automatic processing of person-related data, which consists of using this person-related data in order to evaluate specific personal aspects that refer to a natural person, especially in order to analyse and  predict aspects regarding the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, current location or change of location of said natural person.

f) Pseudonymization

Pseudonymization is the processing of person-related data in a way in which the person-related data can not be assigned to a specific Data subject without adding additional Information, as long as this additional information is separately stored and subject to technical and organisational measures which ensure that the person-related data is not going to be assigned to an identified or an identifiable natural person.

 g) Party responsible for the processing or the Controller

The Party responsible for the processing or the Controller is a natural or a jurisdictional person, authority, institution or any other office that decides alone or together with other parties about the intent and ways of processing person-related data. If the intent and ways are predetermined by the European Union law or the law of the Member States, then the Party responsible for the processing or that is to say the certain criteria of appointing one can be provided according to the European Union law or the law of the Member States.

 h) Data processor

A Data processor is a natural or a jurisdictional person, authority, institution or any other office that processes person-related data according to the assignment of the Party responsible for the processing.

 i) Receiver

A Receiver is a natural or jurisdictional person, authority, institution or any other office, to whom person-related data is being disclosed, regardless whether the receiving party is a third one or not. Authorities, that potentially receive person-related data within a specific inquiry according to the European Union law or the law of the Member States are however not considered as receivers.

 j) Third

The Third is a natural or jurisdictional person, authority, institution or any other office, except for the Data subject, the Party responsible for the processing, the Data processor and the persons, that are authorized to process person-related data under the immediate responsibility of the Party responsible for the processing or the Data processor.

 k) Consent

A Consent is every declaration of will in form of an explanation or any other clear confirmatory action from a Data subject that was informed beforehand about this case and voluntarily and unambiguously submitted one for the purpose of indicating that they consent with the processing of the person-related data regarding them.

 

Name and address of the Party responsible for the processing and the privacy officer

The Party responsible for the processing in terms of the General Data Protection Regulation, or other valid data protection regulations within the Member States of the European Union and other designations with data protection characteristics is the:

 

L&_P Elektroautomatisations GmbH

Karl-Arnold-Straße 4

D-47877 Willich

Deutschland

Phone: +49 2154 95328-11

 

E-Mail:                          n.silkens@lp-gmbh.de

Website:                        www.lp-gmbh.de

 

Data Protection officer:    Klaus Schneider

+49 151 12039683

datenschutz@lp-gmbh.de

Cookies

The websites of L&_P Elektroautomatisations GmbH use Cookies. Cookies are text data, which are stored and saved on a computer system through an internet browser.

Numerous websites and servers are using cookies. Many cookies contain a so-called Cookie ID. A Cookie ID is a clear identifier of a cookie. It consists of a character sequence through which websites and servers can be assigned to a specific internet browser, in which the Cookie was saved. This enables the visited websites and servers to distinguish the individual Data subject’s browser from other internet browsers that contain different Cookies. A specific internet browser can be recognized and identified through the distinct Cookie ID.
By using cookies, the L&_P Elektroautomatisations GmbH can provide more user friendly services for users of the website which would be impossible without Cookie placement.

Through cookies the information and offers on our website can be optimized in the interests of the user. Cookies enable for us to, as mentioned already, recognize the users of our website. The purpose of this recognition is to make using our website easier for the users. The user of a website, which uses cookies, for example doesn’t have to provide his log in information every time he visits the website, instead the website and the cookie that is stored on the users computer system take care of this task. Another example of Cookies is the shopping cart cookie on online stores. The online store remembers the items, which a customer has placed in the virtual shopping cart, using a cookie.

The Data subject can at any given point prevent the placement of cookies through our website by adjusting the settings of the internet browser accordingly and this way they can permanently object to the placement of cookies. Furthermore, already placed cookies can be deleted anytime through an internet browser or through other software programs. This is possible through all major internet browsers. In some circumstances, If the Data subject deactivates the placement of cookies within the used internet browser, some of the functions of our website won’t be fully usable.

 

Acquisition of general data and information

Everytime it is accessed through a Data subject or another automatic system, the website of L&_P Elektroautomatisations GmbH acquires a variety of general data and information. This data and information is saved in the log files of the server. Data that can be acquired is (1) used browser types and versions, (2) the operational system used by the accessing system, (3) the website, from which the accessing system reaches our website (so-called referrers), (4) the subsites, which are being directed to our site through an accessing system, (5) the date and time of accessing the website, (6) an Internet Protocol Address (IP Address), (7) the internet service provider of the accessing system and (8) other similar data and information, which serve as an active defense in case of an attack on our IT systems.

By using this general data and information the L&_P Elektroautomatisations GmbH is not assigning any data to the Data subject. This information is instead needed in order to (1) deliver the content of our website properly, (2) optimize the contents of our website as well as the advertising of them (3) to ensure the sustainable viability of our IT systems and the technology of our website and (4) to provide information necessary for criminal prosecution to prosecuting authorities in case of a cyberattack. This anonymously acquired data and information is therefore on the one hand statistically evaluated by L&_P Elektroautomatisations GmbH and furthermore with the goal of improving the data privacy and data security within our company in order to ensure optimal security of all person-related data that was processed by us. The anonymous data from the server log files are stored separately from all data subject stated person-related data.

Routinely erasure and blockage of person-related data

The Party responsible for the processing processes and saves person-related data of the Data subject only for the time span, which is needed for the attainment of the saving purpose, or if it is scheduled by the European Directive and Regulatory body, or another lawmaker within laws or regulations, to which the Party responsible for the processing subjects.

If the saving purpose lapses or if another alloted saving period, from the European Directive and Regulatory body, or another lawmaker, lapses, then the person-related data is perfunctory and according to legal regulations blocked or deleted.

 

Rights of the Data subject

a) Confirmation right

According to the European Directive and Regulatory body every Data subject has the given right to ask the Party responsible for the processing about whether or not the their person-related data is being processed. If a Data subject wants to claim their confirmation right, they can address one of the employees of the Party responsible for the processing.

b) Right to information

According to the European Directive and Regulatory body every Data subject whose person-related data is being processed has at any given time the right to get (free of charge) information from the Party responsible for the processing about the person-related data saved about them and to get a copy of this information. Furthermore, the European Directive and Regulatory body has given the Data subject the right to access following information:

 

The purpose of processing

  • The categories of person-related data, that are being processed
  • The Receiver or categories of Receivers, to whom person-related data has been disclosed or is still being disclosed, especially Receivers in third countries or in international organisations
  • If possible, the planned duration of saving the person-related data, or, if this is not possible, the criteria for determining this duration
  • The existence of a right to rectification or deletion the Data subject’s person-related data, or to restrict processing through the Party responsible for the processing, or the right to object to the processing
  • The existence of a right to appeal to a regulatory authority
  • If the person-related data is not collected by the Data subject: All available information about the origin of the data
  • The existence of an automatic decision making including profiling according to section 22 paragraph 1 and 4 GDPR and – at least in these cases – expressive information about the involved logic, as well as the scope and the intended ramification of this sort of processing for the Data subject.

 

Furthermore, the Data subject has the right to access information about whether person-related data was transferred to third country parties or an international organization. If that is the case, the Data subject incidentally has the right to access information about suitable guarantees in correlation to the transfer.

 If a Data subject wishes to make use of this right to access information, they can at any time address a staff member of the Party responsible for the processing.

 

 c) The right to rectification

Every Data subject whose person-related data is being processed, has, according to the European Directive and Regulatory body,  the given right to demand immediate rectification of inaccurate person-related data regarding them. Furthermore the affected Data subject has, taking into consideration the purpose of the processing, the right to demand the completion of incomplete person-related data – even through an additional explanation.

 

d) The right to erasure (The right to be forgotten)

Every Data subject, whose person-related data is being processed, has, according to the European Directive and Regulatory body,  the given right to demand from the Party responsible for the processing the immediate deletion of all person-related data regarding the Data subject, if one of the following reasons applies and the processing is not required:

 

  • The person-related data was collected for such purposes, or processed in any other way, for which they are no longer needed.
  • The Data subject retracts their consent, which the processing was based on according to section 6 paragraph 1 letter a of the GDPR or section 9 paragraph 2 letter a GDPR, and there is no other legal basis for the processing.
  • The Data subject objects to the processing according to section 21 paragraph 1 GDPR and there are no prior eligible reasons for the processing, or the Data subject objects to the processing according to section 21 paragraph 2 GDPR.
  • The person-related data was unlawfully processed.
  • The erasure of person-related data is necessary in order to fease a legal obligation according to the European Union law or the law of the Member States, to which the Party responsible for the processing subjects.
  • The person-related data was collected in terms of the services of the Information society according to section 8 paragraph 1 GDPR.

 

Provided one of the above mentioned reasons applies and a Data subject wants to request the erasure of person-related data regarding them, which is saved at L&_P Elektroautomatisations GmbH, they can at any given time address one of the staff members of the Party responsible for the processing. The staff member of L&_P Elektroautomatisations GmbH will arrange, that the erasure procedure is conducted promptly.

If the person-related data was made public by L&_P Elektroautomatisations GmbH and if our company is obliged to delete the person-related data according to section 17 paragraph 1 GDPR, then the L&_P Elektroautomatisations GmbH  initiates appropriate measures in consideration with the provided technology and implementing costs, also of technical nature, in order to inform other Parties responsible for the processing, which are processing the published person-related data, that the Data subject has requested the erasure of links to this person-related data or copies or replicas of this person-related data, from the other Parties responsible for the processing of the data, as long as the processing is not required. The staff member of L&_P Elektroautomatisations GmbH will arrange everything necessary for the individual case.

 

e) The right to restrict processing

Every Data subject, whose person-related data is being processed has, according to the European Directive and Regulatory body, the given right, to request the restriction of processing from the Party responsible for the processing, if one of the following conditions is met:

  • The Data subject denies the accuracy of the person-related data regarding them for as long as it is needed for the Party responsible for the processing to determine the accuracy of the person-related data.
  • The processing is unlawful, the Data subject refuses an erasure of the person-related data and instead requests a restriction of the utilization the person-related data.
  • The Party responsible for the processing no longer needs the person-related data for processing purposes, the Data subject however needs it for asserting, exercising or defending legal claims.
  • The Data subject has objected to the processing according to section 21 paragraph 1 GDPR and it is not yet clear, if the reasonable grounds of the Party responsible for the processing outweigh the ones of the Data subject.

Given that one of the above mentioned conditions is met and a Data subject wants to request the restriction of person-related data, that is saved at the L&_P Elektroautomatisations GmbH, they can contact one of the staff members of the Party responsible for the processing. The staff member of the L&_P Elektroautomatisations GmbH will initiate the restriction of processing.

f) Right to data transferability

Every Data subject, whose person-related data is being processed has, according to the European Directive and Regulatory body, the given right to receive the person-related data regarding them, which they have provided to a Party responsible for the processing, in a structured, established, machine-parsable form. In addition to that, the Data subject has the right to transfer the person-related data to another Party responsible for processing without obstruction of the Party responsible for the processing, that was given access to this person-related data, given that the processing is based on the consent according to section 6 paragraph 1 letter b GDPR or section 9 paragraph 2 letter a GDPR or a contract according to section 6 paragraph 1 letter b GDPR and that the processing happens through an automatically assisted process, given that the processing is not necessary for the perception of a task, which is in the public interest or for the exercising of public authority and which the Party responsible for the processing was given.

Furthermore, during exercising its right to data transferability the Data subject has, according to section 20 paragraph 1 GDPR, the right to secure that the person-related data is transferred directly from one Party responsible for processing to another Party responsible for processing, as long as this is technically feasible and as long as the rights and liberties of another person are not impaired hereof.

To assert the right to data transferability, the Data subject can at any given time contact one of the staff members of L&_P Elektroautomatisations GmbH.

 

g) The right to objection

Every Data subject, whose person-related data is being processed, has, according to the European Directive and Regulatory body, at any given time the given right to object, for reasons resulting from their specific situation, to the processing of person-related data regarding them, which happens according to section 6 paragraph 1 letter e or f GDPR. This also applies to a profiling based on these regulations.

In case of an objection the L&_P Elektroautomatisations GmbH no longer processes the person-related data, unless, we can verify compelling, protection worthy reasons for the processing, which outweigh the interests, rights and liberties of the Data subject, or the processing serves the assertion, exercise or defense of legal claims.

If the L&_P Elektroautomatisations GmbH processes person-related data to conduct direct advertising, then the Data subject has the right to at any given time object to the processing of the person-related data for the means of such advertising. This also applies to profiling, as long as it is connected to such direct advertising. If the Data subject objects to the processing for the means of direct advertising by L&_P Elektroautomatisations GmbH, then the L&_P Elektroautomatisations GmbH will no longer process the person-related data for these purposes.

Moreover, the Data subject has the right to object, for reasons resulting from their specific situation, to the processing of person-related data regarding them, which is used for scientific or historical research purposes or for statistical purposes by the L&_P Elektroautomatisations GmbH according to section 89 paragraph 1 GDPR, unless such  processing is needed to complete a task in the public interest.

To assert the right to objection, the Data subject can directly contact our chief privacy officer of L&_P Elektroautomatisations GmbH or another employee. The Data subject is furthermore free to, in connection with the usage of services of the Information society and despite the policy 2002/58/EG within the objection law, assert their right to objection through an automatic process, which involves technical specifications.

 

h) Automatic decisions in individual cases including profiling

Every Data subject, whose person-related data is being processed, has, according to the European Directive and Regulatory body, the given right not to be subjected exclusively to a decision based on automatic processing – including profiling – which has legal impact on them or impaires them significantly in similar ways, given that the decision (1) is not necessary for the closure or  fulfilment of a contract between the Data subject and the Party responsible for the processing, or (2) based on legal regulations of the European Union or the Member States, to which the Party responsible for the processing subjects, is permissible and these legal regulations contain appropriate measures for protecting the rights and liberties as well the eligible interests of the Data subject, or (3) if it is made following the explicit consent of the Data subject.

If the decision (1) is necessary for the closure or fulfilment of a contract between the Data subject and the Party responsible for the processing or (2) if it is made following the explicit consent of the Data subject, the L&_P Elektroautomatisations GmbH takes appropriate measures to preserve the rights and liberties as well as the eligible interests of the Data subject, which at the minimum includes the right to obtain the intervention of a person on behalf of the Party responsible for the processing, the right to present their own standpoint and the right to refute a decision.

If the Data subject wants to assert their rights in connection with automatic decisions, it can at any given time contact one of the staff members of the Party responsible for the processing.

 

i) Right to revoke a consent regarding data protection law

Every Data subject, whose person-related data is being processed has, according to the European Directive and Regulatory body, at any given moment the given right to revoke a consent regarding data processing of person-related data.

If the Data subject wants to assert its right to revoke a consent, it can at any time contact one of the staff members of the Party responsible for the processing.

 

Legal basis of processing

Section 6 I lit. a GDPR serves our company as a legal basis for processing procedures, for which we obtain a consent for the specific processing purpose. If the processing of person-related data is needed for fulfilling a  contract, to which the Data subject is a contracting party, as is the case in for example processing procedures, that are needed for delivering goods or other service activities, or return services, then the processing relies on Section 6 I lit. b GDPR. The same applies for processing procedures, that are needed for performing pre-contractual measures, for instance in cases of inquiries regarding our products or services. If our company subjects to a legal commitment which requires the processing of person-related data, as for example to fease taxational commitments, then the processing is based on Section 6 I Lit. c GDPR. The processing of person-related data may be necessary in rare cases, in order to protect vital interests of the Data subject or another natural person. This would be the case, for example, if a customer got injured in our firm, then his name, his age, his insurance data, or any other vital information would be forwarded to a doctor, a hospital or other third parties. Then the processing would be based on Section 6 I lit. d GDPR. Lastly, processing procedures could be based on Section 6 I lit. f GDPR. Based on this legal basis are processing procedures which are not included in the aforementioned legal bases, if the processing is needed for preserving an eligible interest of our company or a third party, given that they aren’t outweighed by the interests, the basic rights and basic liberties of the Data subject. Such processing procedures are granted to us particularly because they have been especially emphasized by the European Legislature. It stands by this opinion to the extent that an eligible interest were to be accepted, if the Data subject is a customer of the Party responsible for the processing (Recital 47 Sentence 2 GDPR).

 

Eligible interest in the processing, that is being pursued by a Party responsible for processing or a third party

If the processing of person-related data is based on Section 6 I lit. f GDPR, then our eligible interest is the implementation of our business activity in favor of all our employees and our shareholders.

 

Duration of saving person-related data

The criteria for the duration of saving person-related data is the respective legal storage period. After expiration of the storage period, the respective data is routinely deleted, given that it is no longer necessary for fulfillment of a contract or contract negotiations.

 

Legal or contractual regulations for provision of person-related data;

Necessities for contract closure, Obligation of the Data subject to provide person-related data; potential consequences of not providing the person-related data

We clarify to you that granting person-related data is partly legally compulsory (e.g. taxation rules), or it can result from contractual regulations (e.g. information on the contractual partner). Occasionally it can be a necessity for concluding a contract, that a Data subject provides us with person-related data which as a result has to be processed by us. The Data subject is, for example, obliged to share person-related data with us, when our company is concluding a contract with them. As a consequence of not providing person-related data it would be possible for the contract with the Data subject to be concluded. Before the Data subject provides any person-related data, they have to contact one of our employees. Our employee clarifies to the Data subject whether the provision of person-related data is legally or contractually compulsory in their individual case, or if it is a necessity for concluding a contract, if there is an obligation to provide the person-related data and what consequences not providing the person-related data would have.

Existence of automatic decision making

As a responsible company, we refuse to engage in automatic decision making or in profiling. This Privacy policy was created in cooperation with our chief policy officer and our lawyer specialized in data protection.