I. General information, controller, data protection officer
1. Introduction
We appreciate your interest in our website and the services we offer on it. Protecting your personal data (hereinafter “data”) is a matter of great importance to us. Below, we therefore explain in detail which data is collected when you visit our website and use our services, how we subsequently process or use it, and what accompanying technical and organisational safeguards we have put in place.
We protect your privacy and your private data. We collect, process and use your personal data in accordance with this privacy policy and the applicable data protection regulations, particularly the GDPR. This privacy policy sets out which personal data we collect, process and use about you. We therefore ask you to read the following information carefully.
2. Name and address of the controller and the data protection officer
The controller responsible for data processing on this website is:
LIPA TECHNOLOGIE GMBH, Werkstraße 32 65599 Dornburg-Dorndorf
Telephone: +31 (0)85 3036523 Email: info@lipa-agriculture.com
The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data (such as names, email addresses and similar information).
Data protection officer:
Statutorily required data protection officer
For LIPA TECHNOLOGIE GMBH we have appointed a data protection officer.
Email: info@lipa-agriculture.com
3. General information on data processing
3.1. Scope of personal data processing
As a rule, we only process our users’ personal data to the extent necessary to provide a functioning website and our content and services. Our users’ personal data is generally processed only with their consent. An exception applies where prior consent cannot be obtained for practical reasons and processing is permitted by law.
3.2. Legal basis for processing personal data
Where we obtain the data subject’s consent to process personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
Where personal data must be processed 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 required to take steps before entering into a contract.
Where personal data must be processed for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.
Where the vital interests of the data subject or of another natural person make processing personal data necessary, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary for the pursuit of a legitimate interest of our company or a third party and the data subject’s interests, fundamental rights and freedoms do not override that interest, Article 6(1)(f) GDPR serves as the legal basis for processing.
3.3. Data deletion and retention period
The data subject’s personal data will be deleted or blocked as soon as the purpose for storing it no longer applies. Data may also be retained if the European or national legislature has provided for this in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted when a retention period prescribed by these provisions expires, unless further storage is necessary for entering into or performing a contract.
3.4. Information on data transfers to the USA
Our website includes tools from companies based in the USA, among others. When these tools are active, your personal data may be transferred to the US servers of the respective companies. Please note that the USA is not a safe third country within the meaning of EU data protection law. US companies are obliged to disclose personal data to security authorities without you, as a data subject, being able to take legal action against this. It therefore cannot be ruled out that US authorities, such as intelligence services, may process, analyse and permanently store your data held on US servers for surveillance purposes. We have no influence over these processing activities.
We have agreed valid appropriate safeguards with the service providers for transfers to these third countries in accordance with Article 46(2) GDPR. If you have further questions, please contact our data protection officer.
II. Use of the website, cookies, log files, Google Analytics, Pardot
1. Use for information purposes
If you use our website solely to obtain information, you generally do not need to provide personal data. In this case, we only collect and use the data automatically transmitted to us by your internet browser, such as:
- the date and time you access one of our web pages;
- your browser type;
- your browser settings;
- the operating system used;
- the page you last visited;
- the amount of data transferred and the access status (file transferred, file not found, etc.);
- your IP address.
Purpose: During a visit for information purposes, we collect and use this data exclusively in a non-personal form. This is done to enable use of the pages you access, for statistical purposes and to improve our online services. Temporary storage of the IP address by the system is necessary to deliver the website to the user’s computer. The user’s IP address must therefore remain stored for the duration of the session.
Legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.
2. Use of cookies
We use cookies on our website. Cookies are small text files sent by our web server to your browser during your visit and stored by the browser on your computer for later retrieval.
At the end of the browser session, most of the cookies we use are deleted from your computer (known as session cookies or temporary cookies). Their purpose is to continue identifying your computer as you move between our pages during your visit and to determine when your visit ends. Other cookies remain on your computer and enable us or our partner companies to recognise your browser on your next visit (known as persistent cookies).
You can determine whether cookies may be set and retrieved through your browser settings. For example, you can completely disable cookie storage, restrict it to certain websites or configure your browser to notify you automatically and ask for your response whenever a cookie is about to be set. For technical reasons, however, the cookies mentioned above must be permitted to use the full functionality of our website.
We do not collect or store personal data in cookies in this context. Nor do we use technologies that link information generated by cookies to user data.
The Legal basis for processing personal data using cookies is Article 6(1)(f) GDPR.
The Legal basis for processing personal data using cookies for analytical purposes, where the user has given the relevant consent, is Article 6(1)(a) GDPR.
The Purpose of using technically necessary cookies is to make websites easier for users to use. Some functions of our website cannot be provided without cookies. These functions require the browser to be recognised even after a page change.
User data collected through technically necessary cookies is not used to create user profiles.
Analysis cookies are used to improve the quality of our website and its content. They tell us how the website is used and allow us to continually improve our services.
These purposes also constitute our legitimate interest in processing personal data under Article 6(1)(f) GDPR.
Cookies are stored on the user’s computer and transmitted from it to our website. As a user, you therefore have full control over their use. By changing your internet browser settings, you can disable or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, some functions may no longer be available in full.
3. Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).
Google Analytics uses “cookies”, text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. If IP anonymisation is enabled on this website, however, Google will first truncate your IP address within European Union member states or other countries party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the website operator, Google will use this information to evaluate your use of the website, compile reports on website activity and provide other services relating to website and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be combined with other Google data. You can prevent cookies from being stored by configuring your browser software accordingly. Please note, however, that you may then be unable to use all the functions of this website in full. You can also prevent Google from collecting and processing the data generated by the cookie relating to your use of the website, including your IP address, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Please note that, to prevent direct identification of individuals, this website only processes truncated IP addresses, as we use Google Analytics with the “_anonymizeIp()” extension.
Use of Google Analytics advertising features
In addition to the standard Google Analytics configuration, this website uses Google Analytics features that support interest-based advertising and advertising based on users’ browsing behaviour. Google Analytics uses a third-party cookie from DoubleClick to analyse data about users’ browsing behaviour across different websites. This data can be used to make statistical statements about the demographics and interests of website users.
We expressly point out that we cannot view data about individual users and cannot trace the statistical data we use back to specific users.
Some visitors to our website will see our advertisements on other websites after their visit. This form of advertising is known as remarketing or retargeting. If you wish to object to these advertisements, we recommend using one of the options listed above to disable website tracking. Google also allows you to manage cookies for advertising preferences yourself: http://www.google.de/intl/de/policies/technologies/ads/.
4. Pardot
We use the Pardot Marketing Automation System (“Pardot MAS”) from Pardot LLC, 950 E. Paces Ferry Rd. Suite 3300 Atlanta, GA 30326, USA (“Pardot”) on our websites. Pardot is specialised software for recording and analysing how visitors use a website. Where Pardot LLC processes personal data, it does so solely on our behalf and according to our instructions. Through an individual agreement with Pardot LLC, we have ensured its compliance with the GDPR in accordance with Article 46 GDPR.
Purpose: When you visit our website, Pardot MAS records your click path and uses it to create an individual usage profile under a pseudonym. Cookies are used for this purpose to enable your browser to be recognised. By consenting to cookies when first using our website, either by confirming the cookie acceptance banner or by continuing to use the website, you also consent to Pardot’s cookies.
Retention period: Data will be deleted as soon as it is no longer needed for our record-keeping purposes.
Right to object and options for removal: Cookies are stored on the user’s computer and transmitted from it to our website. As a user, you therefore have full control over their use. By changing your internet browser settings, you can disable or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. You can also disable the creation of pseudonymised usage profiles at any time by configuring your internet browser so that cookies from the domain „pardot.com“ are not accepted. If cookies are disabled for our website, some functions may no longer be available in full.
The legal basis for processing personal data using cookies is Article 6(1)(f) GDPR.
Our website uses cookie consent technology from OneTrust, LLC, represented by two headquarters in the USA and England: Atlanta, GA, USA (Co-Headquarters), 1200 Abernathy Rd NE, Building 600, Atlanta, GA 30328 United States, and London, England (Co-Headquarters), Dixon House, 1 Lloyd’s Avenue, London, EC3N 3DQ (hereinafter “OneTrust”). This is used to obtain your consent to store certain cookies on your device and to document that consent in accordance with data protection requirements.
When you enter our website, a OneTrust cookie is stored in your browser to associate the consent you have given or withdrawn with you. The data collected in this way is stored until you ask us to delete it, delete the consent manager provider’s cookie yourself or the purpose for retaining the data no longer applies. Mandatory statutory retention requirements remain unaffected.
OneTrust is used to obtain the legally required consent for the use of cookies. The legal basis is Article 6(1), first sentence, point (c), GDPR.
We have entered into a data processing agreement with OneTrust. This agreement is required by data protection law and ensures that OneTrust processes the personal data of our website visitors solely according to our instructions and in compliance with the GDPR.
III. Use of services
If you wish to use services offered on our website, such as (1) ordering catalogues, brochures and customer magazines, (2) subscribing to a newsletter, (3) registering TRILUX products and extending the product warranty or submitting a complaint, or (4) registering for TRILUX Akademie events, you must provide additional data. This is the data required to process the respective request. The required data, its intended use, the legal basis and any necessary disclosure to third parties are described in detail below. You may provide further information voluntarily; we mark it accordingly.
1. Ordering catalogues, brochures and customer magazines
Your postal address if a catalogue, brochure or customer magazine is sent by post.
Purpose: Your data is collected or used to process orders for catalogues, brochures and customer magazines.
Legal basis: for processing personal data is Article 6(1)(b) and/or (f) GDPR.
2. Newsletter
You can subscribe to a free newsletter on our website. When you subscribe, the data entered in the form is transmitted to us. To register for our email newsletter service, we require your consent under data protection law and at least the email address to which the newsletter should be sent. The date and time of registration are also collected.
During registration, your consent to the processing of the data is obtained and reference is made to this privacy policy.
We use a double opt-in procedure for newsletters. This means we will only send you the newsletter after you have confirmed your registration using the link in a confirmation email sent to you for that purpose. This is intended to ensure that only you, as the owner of the specified email address, can subscribe. You must confirm within 5 working days of receiving the confirmation email; otherwise, your newsletter registration will be automatically deleted from our database.
Where we transfer data to third countries, we have put appropriate safeguards in place in connection with the transfer in accordance with Article 46 GDPR.
Purpose: Any additional information is voluntary and is used to address you personally, personalise the newsletter content and resolve queries concerning the email address. Other personal data collected during registration is used to prevent misuse of the services or the email address used.
Legal basis for data processing in newsletter marketing is Article 6(1), first subparagraph, point (a), GDPR.
Duration of processing and right to object: Data will be deleted as soon as it is no longer required for the purpose for which it was collected. The user’s email address will therefore be stored for as long as the newsletter subscription remains active. Other personal data collected during registration is generally deleted after seven days.
You may cancel a newsletter subscription with us at any time. You can either send an informal email to info@lipa-agriculture.com or cancel using the link at the end of the newsletter. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. This also allows you to withdraw consent to the storage of personal data collected during registration.
3. Registration of TRILUX products, warranty extensions, complaints
Our website allows you to register for warranty extensions and report complaints and/or warranty claims by providing personal data. The data is entered into a form, transmitted to us and stored. It is not disclosed to third parties. The following data is collected during registration:
(1)your name and email address;
(2) the user’s IP address;
(3)the date and time of registration.
Purpose: Your data is used to register your TRILUX product and extend the product warranty or to process your complaint. User registration is necessary to perform a contract with the user or to take steps before entering into a contract.
Legal basis is the performance of a contract to which the user is a party or the taking of steps before entering into a contract, in accordance with Article 6(1)(b) GDPR.
Retention period, withdrawal/removal options: Data will be deleted as soon as it is no longer required for the purpose for which it was collected. For data collected during registration to perform a contract or take steps before entering into one, this is the case when it is no longer needed for performance of the contract. Even after the contract has been completed, it may remain necessary to retain a contracting party’s personal data to meet contractual or statutory obligations.
If the data is required to perform a contract or take steps before entering into one, it may only be deleted early if no contractual or statutory obligations prevent deletion.
4. TRILUX Akademie events
Our website allows you to register for an event held by the TRILUX Akademie of TRILUX Vertrieb GmbH by providing personal data. The data is entered into a form, transmitted to us and stored. It is not disclosed to third parties. The following data is collected during registration:
(1)your name and email address;
(2) the user’s IP address;
(3) the date and time of registration;
Purpose: Your data is used to process registration for and delivery of TRILUX Akademie events.
Legal basis is the performance of a contract relating to delivery of the event to which the user is a party or the taking of steps before entering into a contract, in accordance with Article 6(1)(b) GDPR.
Retention period, withdrawal/removal options: Data will be deleted as soon as it is no longer required for the purpose for which it was collected. For data collected during registration to perform a contract or take steps before entering into one, this is the case when it is no longer needed for performance of the contract. Even after the contract has been completed, it may remain necessary to retain a contracting party’s personal data to meet contractual or statutory obligations.
Data processing in audio and video conferences
We use online conferencing tools, among other means, to communicate with our customers. The individual tools we use are listed below. If you communicate with us via an internet-based video or audio conference, your personal data is collected and processed by us and by the provider of the respective conferencing tool.
The conferencing tools collect all data you provide or use to access them (email address and/or telephone number). They also process the duration of the conference, the beginning and end of participation (times), the number of participants and other “context information” relating to the communication (metadata).
The tool provider also processes all technical data needed to conduct the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speakers, and connection type.
If content is exchanged, uploaded or otherwise made available within the tool, it is also stored on the tool providers’ servers. This content includes, in particular, cloud recordings, chat and instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service.
Please note that we do not have full control over how the tools process data. Our options depend largely on the respective provider’s company policies. Further information about data processing by the conferencing tools can be found in the privacy policies of the tools used, which we have listed below this text.
Purpose and legal bases
The conferencing tools are used to communicate with prospective or existing contracting parties or to provide certain services to our customers (Article 6(1), first sentence, point (b), GDPR). The tools also serve to simplify and speed up communication with us or our company in general (a legitimate interest within the meaning of Article 6(1)(f) GDPR). Where consent has been requested, the relevant tools are used on the basis of that consent, which may be withdrawn at any time with future effect.
Retention period
Data collected directly by us through video and conferencing tools will be deleted from our systems as soon as you ask us to delete it, withdraw your consent to its storage or the purpose for storing it no longer applies. Stored cookies remain on your device until you delete them. Mandatory statutory retention periods remain unaffected.
We have no influence over how long data is retained by conferencing tool providers for their own purposes. Please contact the providers directly for details.
Conferencing tools used
We use the following conferencing tools:
GoToWebinar
We use GoToWebinar. The provider is LogMeIn, Inc., 320 Summer Street Boston, MA 02210, USA. Details of data processing can be found in GoToWebinar’s privacy policy: www.logmeininc.com/de/legal/privacy.
Conclusion of a data processing agreement
We have entered into a data processing agreement with the provider of GoToWebinar and fully implement the strict requirements of the German data protection authorities when using GoToWebinar.
IV. Your rights as a data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights against the controller:
1. Right of access
You may ask the controller to confirm whether we process personal data concerning you.
If such processing takes place, you may request information from the controller about:
(1)the purposes for which the personal data is processed;
(2)the categories of personal data processed;
(3)the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4)the planned retention period for your personal data or, if specific information is not possible, the criteria used to determine that period;
(5)the existence of a right to rectification or erasure of your personal data, a right to restriction of processing by the controller, or a right to object to that processing;
(6)the existence of a right to lodge a complaint with a supervisory authority;
(7)all available information about the source of the data where the personal data was not collected from the data subject;
(8)the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved and the significance and envisaged consequences of such processing for the data subject.
You have the right to ask whether your personal data is transferred to a third country or an international organisation. In this context, you may request information about the appropriate safeguards under Article 46 GDPR relating to the transfer.
2. Right to rectification
You have the right to have the controller rectify and/or complete your personal data if the data being processed is inaccurate or incomplete. The controller must carry out the rectification without undue delay.
3. Right to restriction of processing
You may request restriction of the processing of your personal data under the following conditions:
(1)if you contest the accuracy of your personal data, for a period enabling the controller to verify its accuracy;
(2)if the processing is unlawful and you oppose erasure of the personal data and request restriction of its use instead;
(3)if the controller no longer needs the personal data for the purposes of processing, but you require it to establish, exercise or defend legal claims; or
(4)if you have objected to processing under Article 21(1) GDPR and it has not yet been determined whether the controller’s legitimate grounds override yours.
If the processing of your personal data has been restricted, these data may, apart from their storage, only be processed with your consent, for the establishment, exercise or defence of legal claims, to protect the rights of another natural or legal person, or for reasons of important public interest of the Union or a Member State.
If processing has been restricted under the conditions stated above, the controller will inform you before the restriction is lifted.
4. Right to erasure
4.1. Obligation to erase data
You may ask the controller to erase your personal data without undue delay. The controller is obliged to erase these data without undue delay where one of the following grounds applies:
(1)Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(2)You withdraw the consent on which the processing was based under Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
(3)You object to the processing under Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing under Article 21(2) GDPR.
(4)Your personal data have been unlawfully processed.
(5)Your personal data must be erased to comply with a legal obligation under Union or Member State law to which the controller is subject.
(6)Your personal data were collected in connection with the offer of information society services referred to in Article 8(1) GDPR.
4.2. Information to third parties
If the controller has made your personal data public and is obliged to erase them under Article 17(1) GDPR, the controller will, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers processing those personal data that you, as the data subject, have requested the erasure of all links to, copies or replications of those personal data.
4.3. Exceptions
The right to erasure does not apply to the extent that processing is necessary
(1)for exercising the right of freedom of expression and information;
(2)for compliance with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3)for reasons of public interest in the area of public health under Article 9(2)(h) and (i) and Article 9(3) GDPR;
(4)for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes under Article 89(1) GDPR, insofar as the right referred to in section a) is likely to make the achievement of the objectives of that processing impossible or seriously impair it; or
(5)for the establishment, exercise or defence of legal claims.
5. Right to be informed
If you have exercised your right to rectification, erasure or restriction of processing with the controller, the controller must communicate that rectification, erasure or restriction to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to ask the controller to inform you about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data were provided, where
(1)the processing is based on consent under Article 6(1)(a) or Article 9(2)(a) GDPR, or on a contract under Article 6(1)(b) GDPR; and
(2)the processing is carried out by automated means.
When exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
The controller will no longer process your personal data unless the controller can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or unless the processing serves the establishment, exercise or defence of legal claims.
If your personal data are processed for direct marketing, you have the right to object at any time to the processing of your personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for those purposes.
In the context of using information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to withdraw consent to the processing of personal data
You have the right to withdraw your consent to the processing of personal data at any time. Withdrawing your consent does not affect the lawfulness of processing based on that consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1)is necessary for entering into or performing a contract between you and the controller;
(2)is authorised by Union or Member State law to which the controller is subject and which provides appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3)is based on your explicit consent.
However, these decisions must not be based on special categories of personal data under Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to safeguard your rights, freedoms and legitimate interests.
In the cases referred to in (1) and (3), the controller will implement appropriate measures to safeguard your rights, freedoms and legitimate interests. These include at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your habitual residence, place of work or the place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged will inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
V. Data security, third-party websites, changes
1. Data security
All information you provide to us is stored on servers within the European Union. Unfortunately, the transmission of information over the internet is not completely secure, so we cannot guarantee the security of data transmitted to our website over the internet. However, we protect our website and other systems with technical and organisational measures against the loss, destruction, access, alteration or disclosure of your data by unauthorised persons. In particular, your personal data are transmitted to us in encrypted form. We use the SSL (Secure Socket Layer) encryption system [or TLS (Transport Layer Security)].
We also use technical and organisational security measures to protect personal data that arise or are collected, particularly against accidental or deliberate manipulation, loss, destruction or attacks by unauthorised persons. Our security measures are continually improved in line with technological developments.
2. Data protection and third-party websites
The website may contain hyperlinks to and from third-party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept responsibility or provide any guarantee for third-party content or privacy terms. Please check the applicable privacy terms before providing personal data to these websites.
3. Changes to these privacy terms
We reserve the right to amend these privacy terms at any time with effect for the future. The current version is available on the website. Please visit the website regularly to find out about the applicable privacy terms.
Version dated 01.09.2020