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Privacy Statement

 

I.    Name and address of the controller

 

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is:

Lavair AG Klimatechnik
Im Aachtal 14
D-78267 Aach
Germany
Phone +49 7774 93 11-0
Fax +49 7774 93 11-29
Email: info@lavair.de
Internet: www.lavair.de

 

II.    General information on data processing

 

1.    Scope of the processing of personal data

 

We only collect and use personal data of our users insofar as this is necessary for the provision of a functional website as well as our content and services. The personal data of our users will normally only be collected and processed with the user's consent. An exception applies in those cases in which prior consent cannot be obtained for material reasons and the processing of the data is permitted by legal provisions. 

 

2.    Legal basis for the processing of personal data

 

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) provides the legal basis for the processing of personal data. Art. 6(1)(b) GDPR provides the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary in order to carry out pre-contractual measures. Insofar as the processing of personal data is required in order to fulfil a legal obligation to which our company is subject, Art. 6(1)(c) GDPR provides the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR provides the legal basis. If processing is necessary in order to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1)(f) GDPR provides the legal basis for processing.

 

3.    Data erasure and storage period

 

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if provision has been made for this by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. The data will also be erased or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for the continued storage of the data for the conclusion or fulfilment of a contract.

 

III.    Provision of the website and creation of log files

 

1.    Description and scope of the data processing

 

Every time you visit our website, our system automatically collects data and information from the computer system you are using. The following data are collected:

 

(1) The IP address of the user

(2) The date and time of access

 

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

 

2.    Legal basis for data processing 

 

The legal basis for the temporary storage of data and log files is Art. 6(1)(f) GDPR.

 

3.    Purpose of data processing

 

The temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to the user's computer. For this reason the IP address of the user must remain stored for the duration of the session. 

The data are stored in log files in order to ensure the functionality of the website. In addition, the data help us to optimize the website and to ensure the security of our information technology systems. Data collected in this way will not be evaluated for marketing purposes.

These purposes also include our legitimate interest in data processing pursuant to Art. 6(1)(f) GDPR.

 

4.    Duration of storage

 

The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. Where data are collected for the provision of the website, this occurs when the respective session ends.

If the data are stored in log files, this occurs after seven days at the latest. Continued storage is possible, but in this case the IP addresses of the users will be deleted or anonymized to prevent the calling client being identified.

 

5.    Possibility of objection and removal

 

The collection of data for the provision of the website and the storage of data in log files is absolutely essential for operation of the website. The user consequently has no right to object.

 

IV.    Use of cookies

 

a) Description and extent of the data processing

 

Our website uses cookies. Cookies are text files that are stored in the web browser, or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinct character string that enables the unique identification of the browser the next time the user visits the website.

We use cookies in order to make our website more user-friendly. Some elements of our web page need them in order to identify the browser again after the user has visited another page.

The language settings are stored and transmitted in the cookies.

 

b) Legal basis for the data processing 

 

The legal basis for the processing of personal data using cookies is Art. 6(1)(f) GDPR.

 

c) Purpose of the data processing

 

Technically necessary cookies are used in order to make it easier for the user to browse the website. Some of the functions of our web pages may not be available unless cookies are used. For these functions it is essential that the browser is detected again after the user has visited another page.

We need cookies for the following purposes:

 

(1)    Applying language settings

(2)    Storing search terms

 

The user data collected by technically necessary cookies will not be used in order to create user profiles.

These purposes also coincide with our legitimate interest in the processing of personal data pursuant to Art. 6(1)(f) GDPR. 

 

d) Duration of storage, right of objection and removal

 

Cookies are stored on the user’s computer and transmitted by it to our website. As a user, therefore, you have full control over the use of cookies. You can disable or restrict the transmission of cookies by making the corresponding settings in your web browser. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are disabled, it may no longer be possible to make full use of all functions of the website.

The transmission of flash cookies cannot be disabled by settings on the browser, but can be disabled by changes to the Flash Player settings.

 

V.    Contact form and email contact

 

1.    Description and extent of the data processing

 

Our website has a contact form that can be used to make contact electronically. If a user makes use of this option, the data entered in the input screen will be transmitted to us and stored. These data are: 

Name, address, email, telephone number, message content

The following data will also be saved at the time the message is sent:

 

(1)    The IP address of the user

(2)    The date and time of registration

 

Your consent for the processing of the data will be obtained as part of the send process and you will be referred to this privacy statement.

Alternatively, you can make contact using the email address provided. In this case the user’s personal data provided with the email will be stored. 

Data provided in this context will not be forwarded to third parties, but will only be used for the purposes of processing the conversation.

 

2.    Legal basis for the data processing 

 

The legal basis for the processing of data where the user has given consent is Art. 6(1)(a) GDPR.

The legal basis for the processing of data transmitted when an email is sent is Art. 6(1)(f) GDPR. If the email contact is for the purpose of concluding a contract, Art. 6(1)(b) GDPR provides an additional legal basis for the processing.

 

3.    Purpose of the data processing

 

We process the personal data provided in the input screen solely in order to handle the contact request. In the case of contact by email, this also establishes the necessary legitimate interest for us in processing the data. The other personal data processed during the send process are used to prevent any misuse of the contact form and ensure the security of our information technology systems.

 

4.    Duration of storage

 

The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. For the personal data from the input screen of the contact form and the personal data that were sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended if the circumstances suggest that the relevant matters have been finally clarified.

The additional personal data collected during the send process will be erased not later than after seven days.

 

5.    Possibility of objection and removal

 

The user has the possibility at any time of withdrawing their consent to the processing of their personal data. If the user makes contact with us by email, they can at any time object to the storage of their personal data. In such a case the conversation cannot be continued.

The notice of objection must be sent to the above contact details by email or in writing. In this case all personal data stored in the course of contacting us will be erased.

 

VI.    Rights of the data subject

 

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

 

1.    Right of access

 

You can demand confirmation from the controller whether we are processing personal data concerning you.

If such processing is taking place, you can demand the following information from the controller:

 

(1)    the purposes for which the personal data are processed;

(2)    the categories of personal data being processed;

(3)    the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;

(4)    the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5)    the existence of a right to the rectification or erasure of personal data concerning you, a right to the restriction of processing by the controller or a right to object to such processing; 

(6)    the existence of a right to lodge a complaint with a supervisory authority;

(7)    any available information on the origin of the data if the personal data are not collected from the data subject;

(8)    the existence of automated decision-making including profiling in accordance with Art. 22(1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and as well as the significance and the envisaged consequences of such processing for the data subject.

 

You have the right to demand information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may demand to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

 

2. Right to rectification

 

You have the right to obtain rectification and/or completion from the controller without undue delay if the personal data processed concerning you are incorrect or incomplete. The controller must perform the rectification without undue delay.

 

3. Right to restriction of processing

 

You may request that the processing of personal data concerning you be restricted where one of the following applies:

 

(1)    you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2)    the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3)    the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or

(4)    you have lodged an objection to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

 

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of the establishment, exercise or defence of rights or the protection of the rights of another natural or legal person or on grounds of important public interest of the Union or a Member State.

If the processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

 

4.    Right to erasure

 

a)     Duty to erase

 

You can demand that the controller erase the personal data concerning you without undue delay. The controller is obliged to erase this data without undue delay if one of the following reasons applies:

 

(1)    the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;

(2)    you withdraw your consent, on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing; 

(3)    you lodge an objection against the processing in accordance with Art. 21(1) GDPR and there are no compelling legitimate grounds for the processing, or you file an objection against the processing pursuant to Art. 21(2) GDPR;

(4)    the personal data concerning you have been processed unlawfully; 

(5)    the deletion of personal data concerning you is necessary in order to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject; or

(6)    the personal data concerning you were collected in relation to information society services offered pursuant to Art. 8(1) GDPR.

 

b)    Information to third parties

 

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

 

c)     Exceptions

 

The right to erasure does not exist insofar as the processing is necessary:

 

(1)    for exercising the right of freedom of expression and information;

(2)    for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3)    for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;

(4)    for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5)    for the establishment, exercise or defence of legal claims.

 

5.    Right to be informed

 

If you have exercised your right to have the controller rectify or erase data or restrict their processing, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of such recipients.

 

6.    Right to data portability

 

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

 

(1)    the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and

(2)    the processing is carried out by automated means.

 

In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

 

7. Right to object

 

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1)(e) or (f) of Art. 6(1); this also applies for profiling based on those provisions.

The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies for profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your to object by automated means using technical specifications.

 

8.    Right to withdraw the data protection declaration of consent

 

You have the right to withdraw your data protection declaration of consent at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of the consent until withdrawal.

 

9. Automated individual decision-making, including profiling

 

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

 

(1)    is necessary for entering into, or performance of, a contract between you and a data controller;

(2)    is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard yours rights and freedoms and legitimate interests; or

(3)    is based on your explicit consent.

 

However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) GDPR unless Art. 9(2)(a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the data controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

 

VII.    Right to lodge a complaint with a supervisory authority

 

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. 

The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 7 GDPR.