Data protection declaration
for the websites of LUMITOS AG

Status 22.05.2018

Thank you for your interest in the online presence of LUMITOS AG. The protection of your personal data is very important to us. The use of our websites such as www.chemie.de, www.chemeurope.com, www.quimica.es, www.bionity.com, www.yumda.de, www.yumda.com, www.q-more.com and www.lumitos.com is generally possible without the disclosure of any personal data. However, if you make use of special services on our websites, the processing of personal data may become necessary. If this is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the General Data Protection Regulation (EU-GDPR) and in accordance with the country-specific data protection regulations applicable to LUMITOS AG. We would like to inform you about the type, scope and purpose of the personal data collected by us by means of the following data protection declaration. We will also use this privacy statement to inform you of your rights.

The data protection declaration of LUMITOS AG is based on the terms used by the European guideline and regulation provided when the General Data Protection Regulation (GDPR) was issued. The terms used are explained in a glossary.

I. Name and address of the person responsible


The company responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

LUMITOS AG
Eichenstraße 3A
12435 Berlin
Germany
Tel.: +49 (0)30/204568-0
E-mail: info@lumitos.com
Website: www.lumitos.com

II. Contact the data protection officer


You can contact the data protection officer at:

datenschutz@lumitos.com

III. General information on data processing


1. Scope of the processing of personal data

We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

  • Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis.
  • In the processing of personal data required for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
  • Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
  • If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 letter f GDPR serves as the legal basis for processing.

3. Data deletion and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

IV. Provision of the website and creation of log files


1. Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

(1) Information about the browser type and version used
(2) The user’s operating system
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system reaches our website
(7) Websites accessed by the user’s system via our website

The log files contain IP addresses or other data that enable an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data.

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after 60 months.

5. Possibility of revocation and deletion

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies


1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted with the cookies:

(1) Log-in information for the my area
(2) Contents of our web pages remembered by the user
(3) Contact data entered by the user for forms for information requests (lead forms), so that new forms are already prefilled.
(4) Arrangement of the content elements on the home pages of our web pages

We also use cookies on our website which enable an analysis of the user’s surfing behaviour. In this way, the following data can be transmitted:

(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data will not be stored together with other personal data of the users.

When you visit our website, an information banner informs you about the use of cookies for analytical purposes and refers you to this data protection statement. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.

The legal basis for the processing of personal data using cookies for analytical purposes is Art. 6 para. 1 lit. a GDPR.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

The user data collected by technically necessary cookies are not used to create user profiles.

The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f GDPR.

4. Duration of storage, Possibility of revocation and deletion

Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

VI. Newsletter


1. Description and scope of data processing

You can subscribe to several free newsletters on our website. When registering for the newsletter, the data from the input mask is transmitted to us. This is your e-mail address and, on a voluntary basis, your title, first name and surname.

In addition, the following data is collected upon registration:

(1) IP address of the calling computer
(2) Date and time of registration for the newsletter

In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.

If you purchase goods or services from us and provide us with your e-mail address, this can subsequently be used by us to send a newsletter or e-mailings. In such a case, the newsletter or e-mailings will only be used for direct advertising for similar goods or services of our own.

In connection with data processing for the dispatch of newsletters, no data is passed on to third parties. The data will be used exclusively for sending the newsletter.

2. Legal basis for data processing

The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR.

The legal basis for sending the newsletter or e-mailings as a result of the sale of goods or services is Section 7 (3) UWG.

3. Purpose of data processing

The collection of the user’s e-mail address serves to send the newsletter. The name is collected voluntarily for personal contact in the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user’s e-mail address will therefore be stored for as long as the subscription to the newsletter is active.

5. Possibility of revocation and deletion

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter. This also makes it possible to revoke the consent to the storage of personal data collected during the registration process.

VII. Registration


1. Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process:

(1) E-mail address
(2) Password
(3) Salutation
(4) First name
(5) Last name

At the time of registration, the following data is also stored:

(1) The IP address of the user
(2) Date and time of registration

In the course of the registration process, the user’s consent to the processing of this data is obtained.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

If registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.

3. Purpose of data processing

A registration of the user is necessary for the provision of certain contents and services on our website (e.g. my area with personal watch lists, newsletter administration etc.).

A registration of the user is necessary for the fulfilment of a contract with the user or for the execution of pre-contractual measures (e.g. for updating data at company presentations etc.).

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

(1) This is the case for the data collected during the registration process if the registration on our website is cancelled or modified.
(2) This is the case for those during the registration process for the performance of a contract or for the implementation of pre-contractual measures if the data are no longer required for the implementation of the contract. Even after conclusion of the contract, it may still be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.

5. Possibility of revocation and deletion

As a user you have the possibility to cancel the registration at any time. You can change or delete the data stored about you in the my-area yourself at any time.

If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

VIII. Contact form and e-mail contact


1. Description and scope of data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

(1) Salutation
(2) Last name
(3) Company/Organization
(4) Telephone number
(5) Your message to us

At the time the message is sent, the following data is also stored:

(1) The IP address of the user
(2) Date and time the message was sent

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b GDPR.

3. Purpose of data processing

The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

5. Possibility of revocation and deletion

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

IX. Contact form for inquiries to our advertising customers (lead form)


1. Description and scope of data processing

Various contact forms are available on our website for various contents, which can be used to make electronic contact with our advertising customers. The user can use these contact forms to request offers, further information, a callback or documents for download. In the contact forms our advertising customer is always clearly recognizable with name and logo. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

(1) Salutation, title, first name, surname
(2) Company/Organization
(3) Postal address
(4) E-mail address
(5) Telephone number
(6) Your request for information (e.g. offer, further information, callback)
(7) Your questions / information to our advertising customers

At the time the message is sent, the following data is also stored:

(1) The IP address of the user
(2) Date and time the message was sent

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.

In this context, the data will be passed on to third parties, namely to the advertising customer, based on your consent within the scope of the sending process.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

3. Purpose of data processing

The processing of personal data from the input mask serves the purpose of passing on to the advertising customer named in the input mask.  The data is passed on by e-mail and by making it available on a website for advertising customers. In addition, we use the data for statistical analyses.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form, this is the case if the business relationship with our advertising customer was terminated and corresponding legal retention periods (3 years after termination of contract) have elapsed.

5. Possibility of revocation and deletion

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user wishes to object to the processing of his personal data by the advertising customer, the user must contact the advertising customer directly and assert his objection there.

X. Web analysis with Google Analytics


1. Scope of the processing of personal data

We have integrated the component Google Analytics (with anonymisation function) on our website. Google Analytics is a web analytics service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis service collects, among other things, data on the website from which a person concerned has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage has been viewed. A web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising.

The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

We use the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned when accessing our Internet pages from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

2. Legal basis for the processing of personal data

The legal basis for processing users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.

Cookies are used to store personal information, such as access time, the location from which access came and the frequency of visits to our website by the person concerned. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.

4. Duration of storage

The data will be deleted as soon as they are no longer needed for our recording purposes. In our case, this is the case after 60 months.

5. Possibility of revocation and deletion

The user can prevent the setting of cookies through our website at any time, as already described above, by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the user’s information technology system. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the user has the possibility to object to the collection of data generated by Google Analytics related to the use of this website as well as to the processing of this data by Google and to prevent this. To do this, the user must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout This browser add-on informs Google Analytics via JavaScript that no data and information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered a contradiction by Google. If the user’s information technology system is deleted, formatted or reinstalled at a later time, the user must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the user or another person within their control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s current privacy policy can be found at https://policies.google.com/privacy?hl=en and https://www.google.com/analytics/terms/us.html Google Analytics will be explained in more detail under this link https://www.google.com/intl/en_en/analytics/.

XI.   Web analysis with Webtrends Analytics


1. Scope of the processing of personal data

We use the web analysis tool Webtrends Analytics on our website to analyse the surfing behaviour of our users. The software places a cookie on the user’s computer (see above for cookies). If individual pages of our website are accessed, the following data is stored:

(1) Two bytes of the IP address of the user’s calling system
(2) The accessed website
(3) The website from which the user has accessed the accessed website (referrer)
(4) The sub-pages accessed from the accessed website
(5) The time spent on the website
(6) The frequency with which the website is accessed

The software runs exclusively on the servers of our website. The personal data of users is only stored there. The data will not be passed on to third parties.

The software is set so that the IP addresses are not completely stored. In this way it is no longer possible to assign the shortened IP address to the calling computer.

2. Legal basis for the processing of personal data

The legal basis for processing users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The processing of users’ personal data enables us to analyse the surfing behaviour of our users. We are in a position to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. For these purposes, it is also in our legitimate interest to process the data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, users’ interest in protecting their personal data is sufficiently taken into account.

4. Duration of storage

The data will be deleted as soon as they are no longer needed for our recording purposes. In our case, this is the case after 60 months.

5. Possibility of revocation and deletion

Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

XII. Use and application of Google AdWords


1. Scope of the processing of personal data

We have integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads in both Google’s search engine results and the Google Advertising Network. Google AdWords allows an advertiser to pre-define certain keywords to display an ad in Google’s search engine results only when the user uses the search engine to retrieve a keyword-relevant search result. On the Google Network, ads are distributed to thematically relevant websites using an automatic algorithm and using the previously defined keywords.

The operator of Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

2. Legal basis for the processing of personal data

The legal basis for processing users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third parties and in the search engine results of the Google search engine and by displaying third-party advertising on our website.

If a person concerned reaches our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the person concerned. If the cookie has not yet expired, the conversion cookie is used to determine whether certain pages on our website have been accessed. The conversion cookie enables us and Google to track whether a person who has sent a contact form via an AdWords ad to our website.

The data and information collected through the use of the conversion cookie is used by Google to generate visit statistics for our website. We use these visit statistics to determine the total number of users who have been referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the person concerned.

The conversion cookie is used to store personal information, such as the websites visited by the person concerned. Personal data, including the IP address of the Internet connection used by the person concerned, is therefore transferred to Google in the United States of America each time he or she visits our Internet pages. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.

4. Duration of storage, possibility of revocation and deletion

The user can prevent the setting of cookies through our website at any time, as already described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the user’s information technology system. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.

Furthermore, the user has the possibility to object to interest-related advertising by Google. To do this, the person concerned must access the www.google.de/settings/ads link from each of the Internet browsers they use and make the required settings there.

Further information and Google’s current privacy policy can be found at https://www.google.de/intl/de/policies/privacy/

XIII. Use and application of YouTube


1. Scope of the processing of personal data

We have integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, music videos, trailers or videos produced by users themselves can be called up via the Internet portal.

YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

2. Legal basis for the processing of personal data

The legal basis for processing users’ personal data is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

Each time a YouTube component (YouTube video) is integrated into one of the individual pages of this website, the Internet browser on the user’s information technology system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/intl/en/yt/about/ In the course of this technical procedure, YouTube and Google are informed which specific subpage of our website is visited by the user.

If the user is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the user visits by calling up a website that contains a YouTube video. This information is collected by YouTube and Google and assigned to the user’s YouTube account.

4. Duration of storage, possibility of revocation and deletion

YouTube and Google receive information via the YouTube component that the user has visited our website whenever the user is logged in to YouTube at the same time as accessing our website; this happens regardless of whether the user clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the user, the user can prevent the transmission by logging out of his YouTube account before calling our website.

The data protection regulations published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

XIV. Comment function in our blog


1. Scope of the processing of personal data

In our blog at https://www.lumitos.com/en/blog/, we offer the user the opportunity to comment on individual contributions. For the comment function, your e-mail address and, if you do not post anonymously, the name you have chosen will also be saved in addition to your comment.

In addition, the following data is collected when writing a comment:

(1) IP address of the calling computer
(2) Date and time of the comment

Your consent is obtained for the processing of the data within the scope of commenting and reference is made to this data protection declaration.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

3. Purpose of data processing

We collect data from users who write comments to our blog articles in order to publicly display these comments on our website. In addition, we use the data to answer questions of the commenting user directly by e-mail or as a public answer in the blog.

4. Duration of storage

The comments and the associated data (e.g. IP address) are stored and remain on our website until the commented content has been completely deleted or the comments must be deleted for legal reasons (e.g. offensive comments).

5. Possibility of revocation and deletion

You can revoke your consent to the publication of a comment at any time. All you need to do is send an informal message by e-mail to revoke@lumitos.com. The legality of the data processing processes already carried out remains unaffected by the revocation.

XV. Data protection for applications and in the application procedure


1. Scope of the processing of personal data

On our website we use an application management system at lumitos.softgarden.io, which can be used for electronic applications. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored.

Your consent will be obtained for the processing of your electronic application during the sending process and reference will be made to this data protection declaration.

Alternatively, you can apply via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the application.

The operating company of the application management system is softgarden e-recruiting GmbH, Tauentzienstraße 14, 10789 Berlin, Germany.

2. Legal basis for data processing

If the applicant has given his or her consent, the legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending the application by e-mail is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing

We collect and process personal data from applicants for the purpose of handling the application process.

4. Duration of storage

If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.

If we do not conclude an employment contract with the applicant, the application documents will be deleted six months after notification of the rejection decision, provided that no other legitimate interests of ours stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

5. Possibility of revocation and deletion

The applicant has the possibility to revoke his consent to the processing of personal data at any time. If the applicant contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the application can no longer be considered in the subsequent application procedure.

XVI. Rights of the data subject


If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

1. Right to information

You can ask the person in charge to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the person responsible:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

2. The right to correction

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to cancellation

 

a) Duty to delete

You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to cancellation does not exist insofar as the processing is necessary

(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5. Right to information

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that

(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the DSBER; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

8. Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.