Data protection and privacy

Thank you very much for your interest in our company. Data protection is particularly important to the management of LEXMAIR Solutions GmbH. The Internet pages of LEXMAIR Solutions GmbH can generally be used without providing any personal data. However, if a person concerned wishes to make use of special services provided by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

Personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always processed in accordance with the GDPR (General Data Protection Regulation) and in accordance with the country-specific data protection regulations applicable to LEXMAIR Solutions GmbH. By means of this data protection declaration, our company wishes to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration will inform the persons concerned about their rights.

As the data controller, LEXMAIR Solutions GmbH has implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in general have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.

1. Definitions of terms

LEXMAIR Solutions GmbH's data protection declaration is based on the terms used by the European General Data Protection Regulation (DSGVO/GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.

We use the following terms in this data protection declaration:

a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered as 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the data controller.

c) Processing
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.

d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.

f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be identified with a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures designed to ensure that the personal data are not subject to an identified or identifiable risk of unauthorised access by third parties.

g) Controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or other 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 laid down by European Union law or by the law of the Member States of the EU, the controller or controllers may be provided for in accordance with European Union law or with the law of the Member States for the purposes and means of such processing.

h) Data processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller/purchaser.

i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed/published, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under European Union law or the law of the Member States shall not be considered as recipients.

j) Third parties
Third party means any 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) Agreement
Agreement shall mean any voluntary, informed and explicit expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.

2. The name and address of the controller

The person responsible within the meaning of the GDPR, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:

LEXMAIR Solutions GmbH
Waldhüterstr. 4
München
Germany
Phone.: +49 89 69330310
Email: management@LEXMAIR-Solutions.de
Website: www.LEXMAIR-Solutions.de

3. The name and address of the Data Protection Officer

No data protection officer has been appointed, as LEXMAIR Solutions GmbH has less than 10 persons permanently engaged in the processing of personal data, no particularly sensitive data (health data, political or religious beliefs, etc.) is collected and stored, no monitoring is carried out and therefore no corresponding data is stored. Every person concerned can contact the management directly (email: management@LEMXMAIR-Solutions.de) at any time with all questions and suggestions to the data protection.

4. Collection of general data and information

The website of LEXMAIR Solutions GmbH collects a series of general data and information each time the website is accessed by a person concerned or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are 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, LEXMAIR Solutions GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term operability of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by LEXMAIR Solutions GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately achieve an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.

5. Possibility of contact via the website

The website of LEXMAIR Solutions GmbH contains, in accordance with EU and German law, information that enables fast electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a person concerned contacts the data controller by e-mail or via a contact form, the personal data transmitted by the person is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the person concerned. This personal data will not be passed on to third parties.

6. Periodic deletion and blocking of personal data

The data controller processes and stores the personal data of the related person only for the period of time necessary to achieve the storage purpose or insofar as this has been provided for by the European Directive and Regulation Body or another legislator in laws or regulations to which the data controller is liable, or a contractual basis between the related person and LEXMAIR Solutions GmbH.

If the storage purpose no longer exists or if a storage period prescribed by the European Directive and Regulation Body or another competent legislator or contractually conditioned storage period expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.

7. Rights of the person concerned

a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

b) Right of information
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:

The data subject shall also have a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to obtain information on the appropriate guarantees relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact a member of staff of the controller.

c) Right to correction
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the correction without delay of inaccurate personal data concerning him or her. Furthermore, the person concerned shall have the right, with regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

If a data subject wishes to exercise this right of correction, he or she may at any time contact a member of staff of the controller.

d) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to demand that the controller erase the personal data concerning him without delay, if one of the following reasons applies and if the processing is not necessary:

If one of the above reasons applies and a person concerned wishes to have personal data stored at LEXMAIR Solutions GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of LEXMAIR Solutions GmbH will arrange that the request for deletion is fulfilled immediately.

If LEXMAIR Solutions GmbH has made the personal data public and our company as the person responsible is obliged to delete the personal data pursuant to Art. 17 (1) DSGVO (GDPR), LEXMAIR Solutions GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, if the processing is not required. The employee of LEXMAIR Solutions GmbH will take the necessary steps in individual cases.

e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:

If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at LEXMAIR Solutions GmbH, he or she can contact an employee of the data controller at any time. The employee of LEXMAIR Solutions GmbH will not be responsible for the limitation of the right of access.

f) Right to data transferability
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her, provided by the data subject to a controller, in a structured, common and machine-readable format. It also has the right to transfer these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a DSVO (GDPR) or Art. 9 para. 2 letter a DSGVO (GDPR) or on a contract pursuant to Art. 6 para. 1 letter b DSGVO (GDPR) and the processing is carried out by automated processes, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DSVO (GDPR) , the person concerned shall have the right to request that the personal data be transferred directly from one responsible party to another responsible party, if this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.

In order to enforce the right to data transfer, the person concerned may contact an employee of LEXMAIR Solutions GmbH at any time.

g) Right of Objection
Any person person concerned by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on reasons related to his/her particular situation, to the processing of personal data concerning him/her under Article 6(1)(e) or (f) of the DSVO (GDPR). This also applies to profiling based on these provisions.

In case of objection, LEXMAIR Solutions GmbH will no longer process the personal data unless we can prove conclusive reasons justifying the processing which predominantly concern the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

If LEXMAIR Solutions GmbH processes personal data for the purpose of direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to LEXMAIR Solutions GmbH processing the data for direct marketing purposes, LEXMAIR Solutions GmbH will no longer process the personal data for these purposes.

In addition, the person concerned has the right to object to the processing of personal data relating to him/her by LEXMAIR Solutions GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DSGVO (GDPR) for reasons arising from his/her particular situation, unless such processing is necessary for the performance of a task in the public interest.

To exercise the right to object, the person concerned may directly contact any LEXMAIR Solutions GmbH employee or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated case-by-case decisions, including profiling
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by European Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to protect the rights and freedoms and the legitimate interests of the person concerned, or (3) is taken with the express consent of the person concerned.

If the decision (1) is necessary for the signing or performance of a contract between the person concerned and the person responsible, or (2) is made with the explicit agreement of the person concerned, LEXMAIR Solutions GmbH shall take appropriate measures to ensure that the rights and freedoms as well as the legitimate interests of the person concerned are protected, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his or her own position and to challenge the decision.

If the person concerned wishes to claim rights relating to automated decisions, he or she may at any time contact an employee of the controller.

i) Right to revoke agreement under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke permission to process personal data at any time.

If the data subject wishes to exercise his or her right to withdraw permission, he or she may at any time do so by contacting an employee of the controller.

8. Legal basis of the processing

Art. 6 I lit. a DSGVO (GDPR) serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfilment of a contract to which the person concerned is a party, as is the case, for example, with processing operations which are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DSGVO (GDPR). The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DSGVO (GDPR). In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DSGVO (GDPR). Ultimately, processing operations could be based on Art. 6 I lit. f DSGVO (GDPR). Processing operations that are not covered by any of the mentioned legal bases are based on this legal basis if the processing is necessary to ensure a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the data controller (recital 47 sentence 2 DGSVO/GDPR).

9. 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 DSGVO (GDPR), our legitimate interest is the execution of our business activities for the benefit of all our employees and shareholders.

10. Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.

11. Legal or contractual regulations on 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-availability of such data

We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. The person concerned must contact one of our employees before providing personal data. Our employee will inform the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

12. Existence of automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

13. Disclaimer external links

External links open in a new window. By this call and linking method we avoid an automatic short-term intermediate storage of this "third-party information", so that we carry no responsibility for the data protection for these third-party contents. We are not responsible for these contents, since we have neither arranged for the transmission of the information, selected the addressee of the transmitted information nor changed the transmitted information ourselves.

14. Social Media Plugins

Due to the current uncertain legal situation, we have decided to not use social media plugins (such as Facebook, Google+, LinkedIn, Twitter, Xing, etc.) for the time being.

15. Changes to the privacy policy

We reserve the right to change this privacy policy to adapt it to changing legal situations and technical standards. Our users are asked to inform themselves regularly. This data protection declaration is currently updated to 23.05.2018.

This original data protection declaration (in German) was created by the data protection declaration generator of the data protection commissioner Leipzig in cooperation with RC GmbH, which recycles used notebooks and the file sharing lawyers of WBS-LAW.