Tax ID No.: DE 132 455 296
Court of Jurisdiction: Landericht Coburg
Registered in the Commercial Register of the Amtsgericht Coburg HRB 428
Data Protection Notice according to the European Basic Data Protection Regulation (DSGVO)
The following privacy notice informs about our collecting and processing of your data.
In this manner, we would like to inform you about how we process your personal details and which claims you possess according to the latest data protection law. The affected personal details and their manner of treatment are largely determinded by the existing contractual relation.
Who is responsible for the data processing and whom can I contact?
The responsible authority is:
L.A. Schmitt GmbH
Lauensteiner Straße 62
Tel. +49 9263 9999010
Fax: +49 9263 9999030
Which sources and data do we use?
We process personal details that we receive from our customers as a consequence of our business relationships.In addition, we process personal details – provided that they are required for the fulfilment of our services – that we legitimately obtain from public sources (e.g. record of debtors, land register, trade register, register of associations, press, internet) or that were legitimately transmitted from third parties (e.g. credit agencies).
Relevant personal details are particulars (name, address and other contact information, date/place of birth, nationality). Furthermore, this can include order information (e.g. payment order), data from the fulfilment of our contractual obligations, information about your financial situation (e.g. creditworthiness data, scoring/rating data), advertisement and distribution data (incl. advertisement scores), documentation data (e.g. minutes of meetings) as well as other similar data.
Why do we process your data (purpose of processing) and on which legal basis?
We process individual-related data in accordance with the stipulations of the European Basic Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG).
a) To fulfill contractual obligations (Art. 6 Par. 1 b DSGVO)
Data processing is necessary to effect deliveries and services from bills of sales as part of fulfilling contracts with our customers or to realize pre-contractual measures in reaction to an enquiry. The purpose of this data processing is primarily determined by the specific contractual contents. Further details concerning the purposes of data processing can be found in the relevant contract documents and General Terms and Conditions.
b) For the purposes of balancing of interests (Art. 6 Par. 1 f DSGVO)
Where required, we process your data beyond the actual contract fulfilment to protect valid interests of us or third parties, e.g.:
- Consultation of and data exchange with credit agencies (e.g. SCHUFA) to determine risks concerning creditworthiness and default risks, respectively,
- Advertising and market research, provided that you have not objected to the usage of your data,
- Assertion of legal claims and defence in legal disputes,
- To ensure IT security and IT operation,
- To prevent and investigate criminal offences,
c) Based on your consent (Art. 6 Par. 1 a DSGVO)
Provided that you have given your consent to process individual-related data for certain purposes (e.g. data sharing in our corporate group, analysis of transaction data for marketing purposes), this data processing is legitimized by your consent. A declaration of consent can be revoked at any time. This also applies to declarations of consent made to us before the validity of the DSGVO, i.e. 25 May 2018. Revoking your consent does not affect the legitimacy of the data processed until said revocation.
Who will receive my data?
In our company, only those departments who need your data to fulfill our contractual and legal obligations will receive access to your data. In addition, service providers and vicarious agents deployed by us (e.g. transport companies) can obtain data for the same purposes.
Concerning data sharing with recipients outside of our company, please note that this is only done to such an extent as these external parties require the relevant data to fulfil contracts, and to the extent stipulated by law, respectively.
- Public authorities and institutions (e.g. financial institutions, law enforcement authorities) where legal or other official obligations exist.
- Credit/financial service agencies or similar institutions, to which we transmit individual-related data in order to carry out our business relationship with you (depending on manner of contract, e.g. credit agencies).
- Further recipients of data can be those authorities for which you have granted us permission to transmit data.
Will data be transmitted into a third country or to an international organisation?
Data transmission to authorities in countries outside of the European Union (so-called thrid countries) will take place if
- it is necessary in order to fulfill your orders,
- it is required by law (e.g. tax-law obligation to report) or
- if you have given your consent.
Furthermore, we do not transmit any individual-related data to authorities in third countries or to international organisations. For certain tasks we do, however, use service providers, who often outsource these tasks to service providers based in or having their headquarters or data centers in a third country. A transmission is permissable if the European Commission (EC) has decided that there is an adequate level of protection in the third country (Art. 45 DSGVO). Should the EC not have decided accordingly, we or the service provider may only transmit individual-related data into a third country or to an international organization if appropriate guarantees are effective (e.g. standard data protection clauses that were accepted by the EC in a specific procedure) and if enforceable rights and effective legal remedies are available. We have contractual agreements with these service providers so that they enforce data protection agreements with their partners that are in accordance with European data protection levels.
How long will my data be stored?
We process and store your personal details for as long as it is required to fulfil our contractual and legal obligations.
Should individual-related data not be required to fulfill contractual or legal obligations anymore, it is deleted regularly unless further processing of said data is necessary for the following purposes:
- Fulfilment of retention requirements according to trade/tax law, i.e. code of German commercial law (HGB), German fiscal code (AO). These stipulate periods of storage as well as documentation between two and ten years.
- Safeguarding of evidence in accordance with statutory limitation rules. According to §§ 195ff. of the German Civil Code (BGB) the time period in question can amount to thirty years, with a regular limitation of three years.
Which rights to data protection do I have?
Every person has the right to disclosure according to Art. 15 DSVGO, the right to correction according to Art. 16 DSVGO, the right to deletion according to Art. 7 DSGVO, the right to limitation of processing according to Art. 18 DSGVO, the right to objection according to Art. 21 DSGVO and the right to data transferability according to Art. 20 DSGVO. As far as the rights to disclosure and deletion are concerned, limitations according to §§ 34 and 35 BDSG apply. Furthermore, there is the right of appeal with the responsible data protection authority (Art. 77 DSGVO in conjunction with § 19 BDSG).
You can revoke your granted consent to the processing of invividual-related data with us at any time. This is also valid for revoking declarations of consent issued to us before the inception of the DSGVO, i.e. 25 May 2018. Please note that the revocation shall only come into force upon our receiving it. Any data processing effected before the revocation was issued is not affected by it.
Is there any obligation for me to provide data?
Within the framework of our business relationship you will need to provide those personal details which are required for initiating and conducting a business relationship, for complying with related contractual obligations , or which we are legally required to collect. Without these personal details we will neither be able to enter into a contract with you nor to execute said contract.
To what extent is there automated decision-making?
Basically, we do not use fully automated decision-making according to Art. 22 DSGVO in order to justify and conduct business relations. Should we use this procedure in individual cases, we will inform you accordingly provided that this is legally required.
Does profiling take place?
In part, we process your data automatedly in order to asess certain personal aspects (profiling). For instance, we use profiling in the following cases:
In order to inform you purposefully about products and to advise you, we use evaluation tools. These facilitate a needs-oriented communication and advertisement including market research.
Right of Objection
Information about your right of objection according to Art. 21 DSGVO
Right of objection in an individual case
For reasons arising from your special situation, you have the right to object to the processing of individual-related data concerning you, which is effected in accordance with Art. 6 Par. 1e DSGVO (Data processing in the public interest) and Art. 6 Par. 1f DSGVO (Data processing based on a balancing of interests); this is also valid for profiling based on this regulation according to Art. 4 Par. 4 DSGVO.
Should you object, we will refrain from further processing your data, unless we are able to establish compelling reasons for the processing that are worthy of protection and outweigh your interests, rights and freedoms; or if the processing serves the enforcement, exertion or defence of legal claims.
Right of objection against processing with the purpose of direct advertising
In isolated cases, we process your data to effect direct advertising. You have the right to object to the processing of individual-related data concerning you whose purpose is such advertising; this is also valid for profiling insofar as it is connected to such direct advertising.
Should you object to the processing for purposes of direct advertising, we will not process your individual-related data for these purposes anymore.
The objection is not subject to any condition as to form and should be made to:
L.A. Schmitt GmbH
Lauensteiner Straße 62
Tel. +49 9263 9999010
Fax: +49 9263 9999030