Data Protection Declaration

With this Data Protection Declaration, we declare to you in our capacity as the data controller in accordance with the requirements of Regulation (EU) 2016/679 (General Data Protection Regulation – DS-GVO) the nature, scope and purpose of the processing of personal data in connection with our website.

I. Definitions

Personal data means any information relating to an identified or identifiable natural person; a natural person is considered to be someone who 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed upon personal data whether or not completed by automatic means such as collection, recording, organisation, arranging, storing, adapting or changing, uploading, querying, using, disclosure by transmission, dissemination or otherwise making available, comparing or linking, limiting, deleting or destroying.

Data controller is the natural or legal person, public authority, agency or other such body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the data controller or the specific criteria for its designation may be provided for by Union or Member State law.

Recipient is a natural or legal person, public authority, agency or other such body to whom personal data is disclosed, irrespective of whether or not it is a third party. However, where authorities receive personal data within the framework of a specific investigation mandate in accordance with Union or Member State law they shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection regulations, in accordance with the purposes of the processing.

II. General information

1. Person responsible for data processing

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.com

2. Contact details of the company data protection officer

OBSECOM GmbH
Königstr. 40
D-70173 Stuttgart
Germany
Phone: +49 711 4605025-40
Fax: +49 711 4605025-49
Email: datenschutz@obsecom.de
Website: www.obsecom.de

3. Legal basis

We process personal data on the basis of at least one of the following legal bases:
Consent of the data subject to the processing of personal data concerning him or her for one or more specified purposes (Art.
6 Para. 1 P. 1 lit. a DS-GVO);

  • Performance of a contract to which the data subject is a party or the performance of pre-contractual measures undertaken at the data subject’s request (Art.6 Para. 1 P. 1 lit. b DS-GVO);
  • Compliance with a legal obligation to which we as data controller are subject (Art.6 para. 1 p. 1 lit. c DS-GVO);Protection of the vital interests of the data subject or of another natural person (Art.6 para. 1 p. 1 lit. d DS-GVO);
  • Safeguarding our legitimate interests or those of a third party (Art.
    6 para. 1 p. 1 lit. f DS-GVO)

 

In this data protection declaration, we refer to the following respective legal basis of individual processing operations.

4. Transmission of data to recipients

We shall only transfer personal data to recipients (processors or other third parties) to the extent necessary and only where one of the following conditions applies:

    • The data subject has consented to the transfer;
    • The transfer is used in the performance of contractual obligations or pre-contractual measures at the request of the individual concerned;
    • We are under a legal obligation to transfer this information;
    • The transfer is completed on the basis of our legitimate interests or those of a third party.

5. Non-member countries

The communication of personal data to a country or international organisation outside the European Union (EU) or the European Economic Area (EEA) will only take place, subject to legal or contractual permissions, in accordance with the conditions set out in Art.44 et seq.DS-GVO. This means that an adequacy resolution by the EU Commission pursuant to the following Articles exists for the country concerned: 45 DS-GVO exists, appropriate safeguards for data privacy pursuant to Art. 46 DS-GVO or binding internal data protection rules pursuant to Art. 47 DS-GVO exist.

6. Data subject rights

As a data subject, you have the following rights:

  • According to Art. 15 DS-GVO, you have the right to request information about your personal data that has been processed by us; you can also request information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the origin of your data if this has not been collected from you, the existence of automated decision-making including profiling and, if applicable, meaningful information concerning reasoning, scope and effects, the existence of a right to the correction or erasure of any data relating to you, the right to restrict processing or file an objection to prevent further processing, the existence of a right to appeal to the relevant supervisory authority; ultimately you have a right to receive information as to whether or not personal data has been transmitted to a non-member country or an international organisation, and, if this is the case, details of the corresponding guarantees in connection with said transfer;
  • According to Art. 16 DS-GVO, you can request the immediate correction of any incorrect data or the completion of any personal data stored by us;
  • According to Art. 17 DS-GVO, you may request the deletion of your personal data stored by us, insofar as the processing of your data is not necessary for the exercise of the right to freedom of expression and information, for the performance of a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • According to Art. 18 DS-GVO DS-GVO, you can request that the processing of your personal data be restricted, insofar as you dispute the accuracy of the data held, the processing of the data is unlawful, but you object to the deletion of the data and we no longer require the data, you need the data no longer required by us to assert, exercise or defend legal claims or you have objected to the processing of data in accordance with Art.
  • According to Art. 20 DS-GVO, you may request that the personal data you have provided to us be sent to another data controller in a structured, common and machine-readable format;
  • According to Art. 21 DS-GVO, you may object to the processing of your personal data, provided that there are grounds for doing so which arise from your particular situation or the objection is directed against the use of data in direct marketing and the legal basis for the processing of the personal data is that there is a legitimate ground pursuant to Art.6 Para. 1 P. 1 lit. f DS-GVO;
  • According to Art. 7 Abs. 3 DS-GVO permits you to revoke your consent at any time. This also has the consequence that we may no longer be able to continue with the data processing based on this consent in the future;
  • According to Art. 77 DS-GVO, you may complain to a supervisory authority, in particular in the Member State of your habitual domicile, place of work or the place of the alleged infringement. A list containing contact details of the data protection officers in the federal states can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

If you would like to assert any of the aforementioned data subject rights, you can contact us or our data protection officer using the above-mentioned contact details at any time.

7. Deletion and restriction of personal data

Unless otherwise stipulated in this data protection declaration for individual circumstances, personal data shall be deleted if the data is no longer necessary for the purposes for which it was collected or otherwise processed and the deletion does not conflict with any statutory storage obligations.
We also delete any personal data we process in accordance with Art.
17 DS-GVO upon request if the conditions stipulated therein are met.
If personal data is required for other legitimate purposes, it shall not be deleted, but its processing will be restricted in accordance with Art.
18 DS-GVO. In the case of data restriction, the data shall not be processed for any other purposes. This applies, for example, to personal data that must be retained by us in order to comply with our obligations under commercial or taxation law. In that case, documents according to § 257 Para. 1 No. 2 and 3 HGB as well as § 147 Para. 1 No. 2, 3, 5 AO shall be kept for a period of 6 years, documents according to § 257 Para. 1 No. 1 and 4 HGB as well as § 147 Para. 1 No. 1, 4, 4a AO shall be kept for a period of 10 years.

8. Cookies

Cookies are used within the scope of our website content.
Cookies are small text files that your browser automatically creates and stores on your end device (laptop, tablet, smartphone, PC, etc.) when you visit our website.
Cookies do not cause any damage to your end device and do not contain viruses or other malware.
Information relating to the end device in use are stored in the cookie.
However, this does not mean, that we thereby gain direct knowledge of your identity.
Cookies are mainly used to make the website content more user-friendly, effective and secure.
We use session cookies to recognise which individual pages you visited during your visit to our website.
Certain functionalities are also provided by such cookies.
Session cookies are deleted after you have finished browsing our website.
The data processed by cookies are necessary for the aforementioned purposes in order to protect our resulting legitimate interests as well as those of third parties in accordance with Art.
6 Para. 1 P. 1 lit. f DS-GVO.
Most browsers automatically accept cookies.
However, if you do not want this to happen, you can configure your browser in such a way that no cookies are stored on your end device or that a message always appears before a new cookie is created.
A general objection to the use of cookies used for online marketing purposes can also be declared for a variety of services, for example, at {1>http://www.youronlinechoices.com/<1} or the deactivation page of the network advertising initiative {2>http://optout.networkadvertising.org<2}.
However, please be aware that deactivating cookies may mean that you cannot use all the functions of our website.

III. Individual processing operations

1. Hosting

For the provision of our website we use services provided by hosting companies, such as the provision of web servers, storage space, database services, security services and maintenance services.
In so doing, we, or rather our hosting provider, process the personal data of users of our website on the basis of our legitimate interests in an efficient and secure provision of our website in accordance with
Art. 6 Para. 1 P. 1 lit. f DS-GVO (German Data Protection Act).

2. Access data and log files

When you access our website or any of the individual pages, information is automatically sent to the website server by the browser on your end device.
This information is stored in so-called log files by us or our hosting provider and deleted after a period of no more than 6 months.
The following information is stored:

  • the IP address of the requesting computer,
  • Date and time of access,,
  • Name and URL of the accessed file,
  • Website from which the access was made (referrer URL),
  • Browser used and, if applicable, the operating system of your computer
  • Status codes and amount of data transferred
  • Name of your access provider.

This data is processed for the following purposes:

  • Provision of the website including all functions and contents
  • To ensure a smooth connection to the website,
  • To ensure user-friendly use of our website,
  • To ensure system security and stability
  • Anonymised statistical analysis of the access requests
  • Website optimisation
  • Disclosure to law enforcement authorities in cases where there is an unlawful intrusion/attack on our systems
  • other administrative purposes..

The legal basis for the data processing is Art. 6 Abs. 1 S. 1 lit. f DS-GVO. Our legitimate interest follows from the data collection purposes outlined above.
Under no circumstances do we use the collected data for the purpose of identifying or inferring the identity of an individual.

3. Contact form / Other contact

If you use the contact form, you will be asked to provide your name and email address and, if applicable, other contact details so that we can get in touch with you directly.
Further information can be given voluntarily if you wish to do so.
Data processing for the purpose of contacting us and responding to your requests is carried out in accordance with Art.
6 Para. 1 P. 1 lit. a DS-GVO on the basis of the consent voluntarily provided by you the data subject.
All personal data collected in connection with the contact form shall be deleted after your request has been dealt with, unless storage is required for the documentation of other processes (e.g. subsequent conclusion of a contract).
If you contact us using the contact information published on our website (e.g. by email) and provide us with personal data thereafter, we will use this data to process your request in accordance with Art.
6 Para. 1 P. 1 lit. b DS-GVO, insofar as your request relates to the performance of a contract or is necessary for the implementation of pre-contractual measures.
In all other cases, the processing shall be based on your consent according to Art.
6 Para. 1 P. 1 lit. a DS-GVO and/or in line with our legitimate interest to ensure the effective processing of the requests addressed to us according to Art.
6 Abs. 1 S. 1 lit. f DS-GVO.
The data shall remain with us until you request us to delete the same, revoke your consent to store the same or if the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry).
Mandatory legal provisions – in particular retention periods – remain unaffected.

4. Applications

If you would like to apply for a job with us, we need your name, contact details and application documents so that we can examine your application and contact you directly.
Data processing for the purpose of processing your application is carried out in accordance with Art. 6 Abs. 1 S. 1 lit. a DS-GVO auf Grundlage der von Ihnen freiwillig erteilten Einwilligung.
All personal data collected in connection with the application form will be stored for a period of 6 months following completion of the application process, taking into account the objection periods stated in the German General Equal Treatment Act (AGG), and shall be deleted thereafter, unless storage is required for the documentation of other processes (e.g. subsequent recruitment).

IV. Google services

The provider of the following Google services is Google Ireland Limited (Registration Number: 368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google”).

The legal basis for the use of the following Google services is in our legitimate interests according to Art.
6 Para. 1 lit. f DS-GVO.
Google has joined the EU/US Privacy Shield agreement and has committed to complying with European data protection standards, and thus meets the EU’s requirements for a lawful transfer of personal data to the US.
Information concerning Google’s voluntary commitment can be found at
{1>https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active<1}. For more information on how Google processes your personal data, please see Google’s privacy policy: {1>https://www.google.com/intl/de/policies/privacy/<1}. You can find more information on how Google use data for the purpose of advertising , including configuration and objection options on the following web pages: {1>https://www.google.de/policies/privacy/partners/<1} {1>https://www.google.de/policies/technologies/ads/<1} {1>https://adssettings.google.de/<1}

1. Google Web Fonts

This website uses external fonts from Google, so-called web fonts, to display text. To do this, your browser loads the required web font into the browser cache when you access the web page. If your browser does not support this feature, a default font will be used by your computer to display the web page.
This service records your IP address, which of our web pages you visited and if applicable, other data required by Google for the provision of the web fonts.
The information generated about your use of the website is stored on a server in the USA. This information may also be transferred to third parties if this is required by law or if said third parties process this data on behalf of us or Google.

2. Google Maps

This website uses Google Maps from Google to display site plans, maps, terrain data or other geographical maps.
This service records your IP address, which of our web pages you visited and, if applicable, further data required by Google for the provision of the maps (e.g. location data).
The information generated is stored on a server in the USA.
This information may also be transferred to third parties if this is required by law or if said third parties process this data on behalf of us or Google.
The Google Maps Terms of Service can be found at: {1>https://www.google.com/intl/de_de/help/terms_maps.html<1}.

3. reCAPTCHA

This website uses reCAPTCHA from Google. reCAPTCHA is used to ensure that the forms provided are used by a natural person and not abusively used by a machine or other automated processes.
This service collects your IP address and if applicable, other data required by Google for the reCAPTCHA service.
The information generated about your use of this website is stored on a server in the USA.
This information may also be transferred to third parties if this is required by law or if said third parties process this data on behalf of us or Google.

V. Media content

Within the scope of our website content, we occasionally use third-party content which is loaded directly from servers of the individual providers named below.
The purpose of integrating this content into our website is to make our website more attractive and user-friendly.
Our legitimate interest of making our website more attractive to the user also applies to our use of such third-party content.
The legal basis for the use of the following social media plug-ins is also in our legitimate interests according to Art.

1. Vimeo

Our website uses media content from the Vimeo platform.
The provider is Vimeo, LLC whose registered office is located at 555 West 18th Street, New York, NY10077 USA (hereinafter referred to as “Vimeo”).
The purpose is to display content from the Vimeo platform as part of our website.
This service records your IP address and any other data required by Vimeo.
The information generated about your use of the website is stored on a server in the USA.
This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us or Vimeo.
If you are logged in to Vimeo at the same time, Vimeo may correlate your visit to our website directly with your Vimeo user account.
If you do not want Vimeo to be able to correlate the data collected on our website to your respective Vimeo user account, you must ensure that you log out of Vimeo before accessing the content.
Vimeo has joined the EU/U.S. Privacy Shield and as such fulfils the requirements of the European Union to ensure the lawful transfer of personal data to the United States.
For information about the EU/U.S. Privacy Shield safeguards, please visit: https://www.privacyshield.gov/participant?id=a2zt00000008V77AAE&status=Active.

For more information on data processing including data privacy notices by Vimeo, please visit https://vimeo.com/privacy.

2. YouTube

Our website uses media content from the YouTube platform.
The provider is Google Ireland Limited (Registration Number:
368047), Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as “Google”).
The purpose is to display content from the YouTube platform as part of our website.
This service collects your IP address and other data possibly required by Google for YouTube.
The information generated about your use of the website is stored on a server in the USA.
This information may also be transferred to third parties if this is required by law or if said third parties process this data on behalf of us or Google.
If you are logged into YouTube at the same time, Google can correlate your visit to our website directly with your YouTube user account.
If you do not want Google to be able to correlate the data collected on our website with your respective YouTube user account, you must ensure that you log out of YouTube before accessing the content.
Google has joined the EU/US Privacy Shield agreement and has committed to complying with European data protection standards, and thus meets the EU’s requirements for a lawful transfer of personal data to the US.
Information concerning Google’s voluntary commitment can be found at
{1>https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active<1}.
For more information about how Google processes your personal data, please view the privacy policy at: https://www.google.com/intl/de/policies/privacy/.