Privacy Policy

We are very pleased about your interest in our company. Data protection is of particularly high importance for the management of Leich and Mehl GmbH. The use of the websites of Leich and Mehl GmbH is generally possible without any indication of personal data. However, if a data subject wishes to use special services via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data – such as the name, address, email address, or telephone number of a data subject – is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Leich and Mehl GmbH. With this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy also informs data subjects about the rights they are entitled to.

Leich and Mehl GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. However, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone.

1. Definitions

This privacy policy of Leich and Mehl GmbH is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our goal is to make this privacy policy easy to read and understand for both the general public and our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this privacy policy, we use, among others, the following terms:

• a) Personal data

  Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

• b) Data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

• c) Processing

  Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. This includes collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

  Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.

• e) Profiling

  Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person – in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

• f) Pseudonymisation

  Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information – provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g) Controller or data controller

  Controller or data controller means 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h) Processor

  Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

• i) Recipient

  Recipient means a natural or legal person, public authority, agency, or another body, to whom personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

• j) Third party

  Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

• k) Consent

  Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection is:

Leich and Mehl GmbH

Porschestraße 7

71394 Kernen i.R.

Germany

Phone: +49 (0)7151 2053630

Email: info@leichundmehl.de

Website: www.leichundmehl.de

3. Collection of General Data and Information

The website of Leich and Mehl GmbH collects a series of general data and information every time a data subject or an automated system accesses the website. These general data and information are stored in the server’s log files. The following information may be collected:

(1) the browser types and versions used,

(2) the operating system used by the accessing system,

(3) the website from which an accessing system reaches our website (so-called referrer),

(4) the subpages accessed on our website by an accessing system,

(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 that serve to protect our information technology systems from attacks.

When using these general data and information, Leich and Mehl GmbH does not draw any conclusions about the data subject. Rather, this information is needed to

(1) deliver the content of our website correctly,

(2) optimize the content of our website and its advertising,

(3) ensure the long-term functionality 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.

Therefore, Leich and Mehl GmbH evaluates these anonymously collected data and information statistically and also with the aim of increasing data protection and data security within our company, in order to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is no longer applicable, or if a storage period prescribed by the European legislator or another relevant legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirements.

5. Rights of the Data Subject

• a) Right to confirmation

  Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact a member of the controller’s staff at any time.

• b) Right of access

  Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data stored about them and a copy of this information at any time.
  Furthermore, the European legislator has granted the data subject the right to obtain the following information:

  • the purposes of the processing
  • the categories of personal data being processed;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and — at least in those cases — meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject has the right to be informed whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact a member of the controller’s staff at any time.

• c) Right to rectification

  Every data subject has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data – including by means of a supplementary statement.

  If a data subject wishes to exercise this right to rectification, they may contact a member of the controller’s staff at any time.

• d) Right to erasure (Right to be forgotten)

  Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and to the extent that the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data have been unlawfully processed.
  • The erasure of the personal data is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
   

  If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Leich and Mehl GmbH, they may contact a member of the controller’s staff at any time. The staff member of Leich and Mehl GmbH shall promptly ensure that the erasure request is complied with immediately.

  If Leich and Mehl GmbH has made the personal data public and is obligated as a controller pursuant to Article 17(1) GDPR to erase the personal data, Leich and Mehl GmbH shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. A staff member of Leich and Mehl GmbH will take the necessary action in the individual case.

• e) Right to restriction of processing

  Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise, or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
   

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Leich and Mehl GmbH, they may contact a member of the controller’s staff at any time. The staff member of Leich and Mehl GmbH will arrange for the restriction of processing.

• f) Right to data portability

  Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means – provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Furthermore, in exercising their right to data portability under Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of others are not adversely affected.

  To assert the right to data portability, the data subject may contact a member of the staff at Leich and Mehl GmbH at any time.

• g) Right to object

  Every data subject has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.

  Leich and Mehl GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defence of legal claims.

  If Leich and Mehl GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling, insofar as it is related to such direct marketing.

  If the data subject objects to processing for direct marketing purposes, Leich and Mehl GmbH will no longer process the personal data for these purposes.

  The data subject also has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Leich and Mehl GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

  To exercise the right to object, the data subject may directly contact any employee of Leich and Mehl GmbH or another staff member. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, unless the decision

  (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller; or

  (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

  (3) is based on the data subject’s explicit consent.

  If the decision

  (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or

  (2) is based on the data subject’s explicit consent,

  Leich and Mehl GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests. These include, at a minimum, the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

  If the data subject wishes to assert rights concerning automated decisions, they may contact a member of the controller’s staff at any time.

• i) Right to withdraw consent under data protection law

  Every data subject has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they may contact a member of the controller’s staff at any time.

6. Data protection in applications and the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by email or via a web form on the website.

If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller prevent deletion. Another legitimate interest in this context could be, for example, the need to provide evidence in proceedings under the General Equal Treatment Act (AGG).

7. Legal basis for processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as when processing operations are required for the delivery of goods or the provision of any other service, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data, such as to comply with tax obligations, the processing is based on Article 6(1)(c) GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR.

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal grounds, where the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. In this regard, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

8. Legitimate interests in processing pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

9. Duration for which the personal data will be stored

The criterion for determining the storage duration of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data are routinely deleted, provided they are no longer required for the fulfillment of a contract or the initiation of a contract.

10. Legal or contractual requirements to provide personal data; necessity for entering into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., details about the contractual partner). It may sometimes be necessary, for the conclusion of a contract, that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact a member of our staff. The staff member will explain to the data subject, on a case-by-case basis, whether the provision of personal data is legally or contractually required, whether there is an obligation to provide the personal data, and the consequences of not providing the personal data.

11. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was created using the privacy policy generator provided by Datenschutz Karlsruhe in cooperation with RC GmbH, which refurbishes used notebooks, and the file-sharing law attorneys at WBS-LAW.