Privacy Policy

LEMKEN GmbH & Co. KG considers the protection of the data of all its customers and web site visitors as extremely important. In this data privacy statement we inform you how we deal with your personal data when you use all our web sites. This statement also applies to our online shops. In particular the data privacy statement explains to you to what extent, in what way and for what purpose we process your personal data. Due regard is taken of the applicable provisions of data protection law when we process your data. 
We refer you to Article 4 GDPR with respect to the definitions used in the data privacy statement.
In order to facilitate the comprehensibility of this  privacy policy the company is referred to as LEMKEN in the following.
 
DATA PROCESSING CONTROLLER AND CONTACT FOR ENQUIRIES
LEMKEN GmbH & Co. KG
Weseler Straße 546519 Alpen
Telephone +49 2802 81-0
Fax +49 2802 81-220
e-mail: info@lemken.com
 
CONTACT DETAILS FOR THE DATA PROTECTION OFFICER
datenschutz@lemken.com
 
PROVISION OF THE WEBSITE AND GENERATION OF LOG FILES
Every time our Internet site is accessed our system collects automated data and information from the computer system of the accessing computer.
The following data are collected: 
• information on the browser type and the version used 
• the user’s operating system
• the user’s Internet service provider
• the user’s IP address
• date and time of access 
• websites, from which the user’s system has accessed our Internet site
• websites, which are accessed by the user by means of our website.
 
These data are also stored in the log files in our system. These data are not stored together with other personal data of the user.
The legal base for the temporary storage of the data and the system log files is Article 6 (1) point (f) GDPR. The data are stored in system log files in order to ensure the correct operation of our website. In addition, we use the data to improve the website and to ensure the security of our computer systems. In this regard we do not analyse the data for marketing purposes.
The data are erased as soon as they are no longer required for the achievement of the purpose, for which they were collected. Where data are stored in system log files, they are erased after seven days at the latest, but they may be stored for a longer period. In this case the user’s IP address is erased or alienated, so that it is not possible to allocate it to the accessing client.
 
PURPOSES AND LEGAL BASES FOR THE PROCESSING

The personal data pertaining to you are processed for the following purposes and on the basis of the following legal bases:
• compliance with the customer relationship (Article 6 (1) point (b) GDPR)
• performance of a (sales) contract and steps prior to entering into a contract (Article 6 (1) point (b) GDPR)
• data processing on the basis of your consent (Article 6 (1) point (a) GDPR)
• data processing for the purposes of our legitimate interests (Article 6 (1) point (f) GDPR)
 
Processing on the basis of the legitimate interests of LEMKEN encompasses the use and analysis of your personal data for:
• product information, product improvement and the provision of services
• measures for the improvement and development of services and products, in order to be able to offer you an individual response with suitable offers and products.
• the purpose of conducting marketing and opinion research 
• the creation of transparency and quality for our products, services and communication channels.
 
In addition, LEMKEN processes your personal data to comply with our legal obligations (e.g. by virtue of provisions of commercial or tax law) on the basis of Article 6 (1) point (c) GDPR. 
 
DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES (RECIPIENTS)
Your personal data are disclosed and/or transferred in accordance with the aforementioned purposes. Examples of possible recipients of personal data are:
• marketing agencies
• market research institutes
• service and cooperation partners
• authorised distributors
• printers and shipping providers.
 
If data are transferred, this occurs as a rule as part of the order processing procedure. For this purpose our service providers are bound by contract to secure, confidential, correct data processing.
Personal data are processed predominantly within the territory of the European Union (EU) insofar as LEMKEN is active in these countries. Data are transferred outside the EU (to third countries) or to international organisations only if the special conditions in Article 44 et seq. GDPR are satisfied.
 
STORAGE PERIOD
We erase or block the data collected by us pursuant to Articles 17 and 18 GDPR.
Personal data are stored for the period required to fulfil the purpose and provided that no other statutory duties of retention (German Commercial Code, Tax Code) or statutory grounds for storage exist.
In this case the data are stored for other purposes.
As soon as the purpose of storage ceases to apply or a storage period prescribed by the aforesaid provisions expires, the personal data are blocked or erased as a matter of routine. This means that LEMKEN erases your personal data at the latest on the expiry of the legal duties of retention, which is usually 10 years from contract end.
 
YOUR RIGHTS WITH RESPECT TO PERSONAL DATA
In particular you have the following rights against us with respect to your personal data:
right to access to your stored personal data (Article 15 GDPR),
right to rectification if the data stored concerning you are incomplete, out of date or incorrect (Article 16 GDPR),
Right to erasure, if the storage is unlawful, the purpose, for which they were collected, is satisfied and storage is therefore no longer necessary or you have withdrawn your consent on which the processing of certain personal data is based (Article 17 GDPR),
right to restriction of processing, if one of the conditions cited in Article 18 (1) points (a) to (d) GDPR exists (Article 18 GDPR),
right to data portability of the personal data provided by you and concerning you (Article 20 GDPR),
right to lodge a complaint with a supervisory authority (Article 77 GDPR). The supervisory authority with competence for us is the
State Commissioner for Data Protection and Freedom of Information, North-Rhine Westphalia, PO Box 20 04 44, 40102 Düsseldorf, Tel. 0211 384 24-0, Fax: 0211 38424-10; e-mail: poststelle@ldi.nrw.de (www.ldi.nrw.de). 
 
RIGHT OF WITHDRAWAL
You have a right to withdrawal of consent granted; the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal (Article 7 (3) GDPR). 
Please send your withdrawal statement to the address provided at the start of this document.
 
RIGHT OF WITHDRAWAL
You may at any time withdraw your consent for the processing of your personal data for purposes of direct advertising and/or market research without giving reasons.
On receipt of the withdrawal statement we shall cease processing the personal data for the purposes of direct advertising and/or market research and shall erase the data unless processing is necessary for other purposes (for example to fulfil the contract).
You may also object to us concerning other processing procedures, which we base on our legit-imate interest within the meaning of Article 6 (1) point (f) GDPR, on grounds arising from your particular situation, in each case stating these reasons. If the withdrawal is justified we shall as a matter of principle cease to process the personal data for the purposes in question and shall erase the data unless we can prove compelling reasons for the processing, which override your interests or fundamental rights and freedoms or the processing serves the establishment, exercise or defence of legal claims.
Please send your withdrawal statement to the address provided at the start of this document.
 
CONTACT FORM
A contact form is provided on our Internet site, which you may use to contact us by electronic means. In this process data entered in the input screen and the date and time of the registration, together with your IP address are stored. Your consent is obtained for the processing of the data. Alternatively, it is possible to contact us via the e-mail address provided. In this process we store personal data communicated in your e-mail. 
The processing of the personal data from the input screen or the e-mail serves us only to process the contact procedure or conversation with you. The necessary legitimate interest in the processing of the data applies here also. The other processed data serve to prevent abuse of the contact form and to ensure the security of our computer system.
 
OTHER WAYS TO CONTACT US
You may also contact us and our members of staff in other ways, e.g. by e-mail. 
In addition, you can book factory tours via our website. Registration for factory tours is through the registration form, which we provide on our website.
For suppliers, supplier self-assessments can also be submitted through our website. 
Personal data are processed in order to transact these enquiries pursuant to Article 6 (1) point (b) GDPR. 
The forms make it clear which data are collected when you use the communication channels and/or data are collected depending on your message. These data are stored and used solely for the purpose of responding to your request or to make contact with you and the associated technical administration. 
Once your query has been finally processed, your data are erased insofar as you desire this and provided that there are no conflicting legal duties of retention.
 
REGISTRATION
We collect data to comply with our contractual obligations and services in accordance with Article 6 (1) points (a) and (b) GDPR.
As part of the registration process personal data, such as name, e-mail address and your postal address data, are collected. The user accounts are not public. The data collected therefrom are used solely for the necessary fulfilment and processing of the service offered. You data are collected and processed on the basis of your consent in accordance with Article 6 (1) point (a) GDPR.
Any customer account may be erased at any time by de-registering or sending us a message. In this case your data shall be erased from the user account. Your data are stored for a longer period only if this is necessary on legal grounds in accordance with Article 6 (1) point (c) GDPR.
 
NEWSLETTER
You can subscribe to the newsletter offered on our website.
If you would like to receive the newsletter, we require an e-mail from you and your name. These can be entered on the input screen on our website. By entering these data you are giving your consent to the receipt of the newsletter.
The registration is conducted by what is known as a double opt-in procedure. Once you have registered you shall receive an e-mail, in which you must confirm your registration. In this way we can check that you are the de facto owner of the address. In order to be able to provide evidence of your registration in accordance with the legal provisions, we record the order for the newsletter, the despatch of a confirmation e-mail and the receipt of the response thereby required. No other data are collected.
The newsletter contains information and advertising.
If you have given your consent to the receipt of the newsletter, it is despatched on the basis of Article 6 (1) point (a) and Article 7 GDPR. The data provided by you (name and e-mail address) are processed solely for the purpose of delivery of the newsletter.
 
APPLICATION PROCEDURES
On the LEMKEN home page you can apply online to our job vacancies. In the course of the application as well as your contact data we process the following data provided by you: your curriculum vitae, qualifications and photos. The data are used solely for the application process and are erased six months subsequent to the decision on appointment. The only data to be erased after 24 months are master data required for the purposes of alignment with earlier applications.
The legal basis for the data processing of job applicants’ data is Article 6 (1) sentence 1 point (b) GDPR and Section 26 (1) German Federal Data Protection Act (new). The legal basis for the processing of application data when consent has been granted by the user is Article 6 (1) point (a) GDPR. The legal basis for the in-house transfer to implement the application process is Article 6 (1) point (b) GDPR. 
We collect and process the personal data of applicants for the purpose of transacting the application process, which may also be conducted electronically. This is the case in particular if an applicant has transferred the relevant application documents to us through an electronic channel, for example by e-mail or on a web form located on the website. If we conclude an employment contract with the applicant, we store the data transferred for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents are automatically erased three months after notification of the decision not to appoint, unless other legitimate interests for the data controller conflict. Another legitimate interest within the same meaning is for example the burden of proof in proceedings under the German General Act on Equal Treatment.
When you subscribe to our job vacancy notices we also collect personal data when you register, in particular your e-mail address. The appropriate registration form makes it clear which data are collected when you register. These data are stored and used solely for sending job offers and the associated technical administration. 
 
Withdrawal of consent
You can cancel your subscription to the newsletter at any time through the link provided in the newsletter e-mail or by sending us an appropriate message and thereby withdrawing your consent. On your cancellation of receipt of the newsletter your e-mail address is immediately erased from our newsletter distribution list.

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