Data Protection Information for Customers, Business Partners and Prospects
Information on data protection concerning our processing of customer and prospect data according to Articles 13, 14, and 21 of the General Data Protection Regulation (GDPR).
Dear Customer,
Dear Prospect,
Dear Business Partner,
In accordance with the requirements of Articles 13, 14, and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data as well as your associated data protection rights. What data is processed in each individual case and how it is used depends significantly on the requested or agreed services. To ensure you are fully informed about the processing of your personal data in the context of fulfilling a contract or conducting pre-contractual measures, please take note of the information provided below.
1. Data Controller under Data Protection Law
LLombart GmbH
Industriehof 4
DE – 77933 Lahr
Tel.: +49 (0)7821/9397 – 0
Email: info@llombart.de
www.llombart.de
2. Our Data Protection Officer
You can reach our company’s data protection officer at:
LLombart GmbH
– Data Protection Officer –
Industriehof 4
77933 Lahr
Email: datenschutz@llombart.de
3. Purposes and Legal Basis for Processing
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), where these are required to establish, implement, or fulfill a contract, as well as for the execution of pre-contractual measures.
• Where personal data is required for the initiation or execution of a contractual relationship or as part of pre-contractual measures, processing is lawful under Art. 6(1)(b) GDPR.
• Where you give us explicit consent to process personal data for specific purposes (e.g. disclosure to third parties, use for marketing purposes, or promotional emails), this processing is lawful on the basis of your consent under Art. 6(1)(a) GDPR. Any consent given can be revoked at any time with future effect (see Section 9 of this Data Protection Notice).
• Where required and permitted by law, we also process your data to meet legal obligations under Art. 6(1)(c) GDPR.
• Furthermore, data may be processed to protect legitimate interests of our company or third parties as well as to defend and enforce legal claims under Art. 6(1)(f) GDPR. Should we process data based on legitimate interests, we will inform you separately where required by law.
4. Categories of Personal Data
We only process data that is related to the establishment of a contract or pre-contractual measures. This may include general personal information concerning you or persons in your company:
First und last name, company / organisation, address data, contact data (phone / email), other data provided to us in the course of concluding the contract.
5. Sources of Data
We process personal data that we receive from you in the context of making contact or concluding a contract or during pre-contractual measures, or that you provide to us via our website (contact form, Christmas fruits order form) or by email.
6. Recipients of Data
Within our company, we only transfer your personal data to those areas and employees that require it for fulfilling contractual and legal obligations or protecting legitimate interests.
We may also transfer personal data to companies associated with us, as long as permitted under the purposes and legal bases outlined in Section 3 of this Data Protection Notice.
Your personal data is processed on our behalf by third-party processors under data processing agreements in accordance with Art. 28 GDPR. In these cases, we ensure that the processing complies with the requirements of the GDPR. Categories of recipients in this case may include internet service providers, IT service providers, telecommunications companies, and customer management service and software providers.
Data will otherwise only be passed on to recipients outside the company if legal provisions require or permit this, if the transfer is necessary for the performance of a contract or at your request for pre-contractual measures, if we have your consent, or if we are authorized to provide such information. Recipients of personal data may include, for example:
• External tax advisors
• Public bodies and institutions (e.g. public prosecutors, police, supervisory authorities, tax offices) if there is a legal or official obligation,
• Recipients to whom disclosure is directly required for contract initiation or performance, such as logistics companies, shipping companies, manufacturers, data center service providers, IT service providers, etc.
7. Transfer to Third Countries
Transfer of personal data to countries outside the EEA (European Economic Area) or to international organizations will only take place if it is necessary for fulfilling a contract or, at your request, for pre-contractual measures; if required by law; or if you have given your consent. Recipients may include, for example, producers, local agencies, airlines, and hotels.
8. Duration of Storage
As required, we process and store your personal data for the duration of our business relationship or to fulfill contractual purposes. This also includes the initiation and performance of a contract. Furthermore, we are subject to various statutory retention and documentation obligations, which arise, for example, from the German Commercial Code (HGB) and the Fiscal Code (AO). The retention periods specified therein range between two and ten years. Finally, retention periods also follow statutory limitation periods, for example under sections 195 et seq. of the German Civil Code (BGB), which are generally three years.
9. Your Rights as a “Data Subject”
Every data subject has the right:
• to access personal data under Art. 15 GDPR,
• to rectification under Art. 16 GDPR,
• to erasure under Art. 17 GDPR,
• to restriction of processing under Art. 18 GDPR,
• to data portability under Art. 20 GDPR,
• to lodge a complaint with a supervisory authority under Art. 77 GDPR if you believe that the processing of your personal data is not lawful. This is without prejudice to any other administrative or judicial remedy.
• If processing is based on your consent, you have the right under Art. 7 GDPR to withdraw that consent at any time. Please note that withdrawal only has effect for the future. Processing carried out before the withdrawal remains lawful. Also, please note that we may need to retain some data for a specified period to comply with statutory obligations.
Right of objection
Insofar as your personal data is processed in accordance with Art. 6 para. 1 lit. f GDPR to protect legitimate interests, you have the right to object to the processing of this data at any time in accordance with Art. 21 GDPR for reasons arising from your particular situation. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must outweigh your interests, rights and freedoms, or the processing must serve the assertion, exercise or defence of legal claims.
In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to processing for the purpose of such advertising. This also applies to profiling insofar as it is associated with this direct advertising. If you object to processing for the purpose of direct marketing, we will no longer process your personal data for these purposes.
You may contact us at the address listed under Section 1 to exercise these rights.
10. Credit Checks
Our company regularly checks creditworthiness at the time of contract conclusion and, in certain cases where legitimate interest exists, also with existing customers.
To do this, we work with Euler Hermes Deutschland, Gasstr. 29, 22761 Hamburg (a company of Allianz Trade), from whom we obtain the required data. For this purpose, we transfer your name and contact details to Euler Hermes Deutschland. Further information can be found here.
11. Necessity of Providing Personal Data
The provision of personal data for deciding on the conclusion of a contract, the fulfillment of a contract, or conducting pre-contractual measures is voluntary. However, we can only decide upon and conclude contracts or pre-contractual measures if you provide the personal data necessary for the conclusion, fulfillment, or pre-contractual measures.