Data protection declaration
The use of LMNTAL’s websites is possible without any indication of personal data; however, if a data subject wishes to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to LMNTAL. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, LMNTAL has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.
1. Definitions
LMNTAL’s data protection declaration is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this data protection declaration we use the following terms, among others:
- a) personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. - b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller. - c) Processing
Processing is any operation or set of operations which is carried out with or without the aid of automated procedures in connection with personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction. - d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing. - e) Profiling
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. - f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person. - g) Controller or person responsible for processingController or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) ProcessorProcessor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) RecipientRecipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data in the context of a specific investigation under Union or Member State law shall not be regarded as recipients.
- j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor. - k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other unambiguous confirmatory act by which the data subject signifies his or her agreement to the processing of personal data concerning him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
LMNTAL GmbH
Bahnhofstraße 30
76137 Karlsruhe
Germany
office@lmntal.com
www.lmntal.com
Any data subject can contact us directly at any time with any questions or suggestions regarding data protection.
3. Cookies
The LMNTAL website uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
By using cookies, LMNTAL can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
Cookies can be used to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their access data every time they visit the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart using a cookie.
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The LMNTAL website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to 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 used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, LMNTAL does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by LMNTAL both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
6. Rights of the data subject
- a) Right to confirmationEvery data subject has the right granted by the European legislator to request confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.
- b) Right to informationEvery person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about the personal data stored about him or her at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:
- the purposes of the processing
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the planned period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of the personal data concerning the data subject or to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject: all available information as to their origin
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and — at least in those cases — meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may contact an employee of the controller at any time.
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c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
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d) Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her immediately, provided that one of the following reasons applies and to the extent that processing is not required:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing was based according to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data were processed unlawfully.
- The erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
- The personal data were Reference to information society services offered pursuant to Art. 8 Para. 1 GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by LMNTAL, he or she may contact an employee of the controller at any time. The LMNTAL employee will ensure that the erasure request is complied with immediately.
If the personal data was made public by LMNTAL and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, LMNTAL shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The LMNTAL employee will arrange the necessary measures in individual cases. - e) Right to restriction of processingAny person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has objected to the processing pursuant to Art. 21 Para. 1 GDPR and there is not yet determined whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by LMNTAL, he or she may at any time contact any employee of the controller. The LMNTAL employee will arrange the restriction of the processing.
- f) Right to data portabilityEvery data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data was made available, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee of LMNTAL at any time. turn.
- g) Right to objectEvery person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her, which is based on Art. 6 (1) e) or f) GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.LMNTAL will no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.If LMNTAL processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the data subject objects to LMNTAL processing for direct marketing purposes, LMNTAL will no longer process the personal data for these purposes.In addition, the data subject has the right to object to processing of personal data concerning him or her by LMNTAL for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary to perform a task carried out for reasons of public interest, for reasons related to his or her particular situation.To exercise the right to object, the data subject may contact any employee of LMNTAL or another employee directly. In addition, the data subject is free to exercise his or her right of objection by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
- h) Automated decisions in individual cases, including profiling. Each person affected by the processing of personal data has the right granted by the European legislator not to be subjected to a decision based exclusively on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and this law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, LMNTAL shall take appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention. on the part of the controller, to express his or her point of view and to contest the decision.If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact an employee of the controller at any time.
- i) Right to withdraw consent under data protection lawEvery person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.
7. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application process. Processing can also be carried out electronically. This is particularly the case if an applicant sends the relevant application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after the rejection decision is announced, provided that there are no other legitimate interests of the controller that conflict with deletion. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
8. Data protection provisions on the application and use of Google Analytics (with anonymization function)
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data on the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a website and to carry out a cost-benefit analysis of internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. This addition shortens and anonymizes the IP address of the data subject’s internet connection if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. Cookies have already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google receives knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.
The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Whenever you visit our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies through our website, as already shown above, at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the data subject is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.
Further information and Google’s applicable data protection regulations can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.
9. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
10. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
11. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.
12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner).
Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
13 Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
Source: Data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH