GENERAL DATA PROTECTION INFORMATION FOR OUR CUSTOMERS AND BUSINESS PARTNERS ACCORDING TO ART. 13 AND 14 GDPR

Dear Ladies and Gentlemen,

The Lindner Group takes the protection of your privacy very seriously. Therefore, we would like you to know what data we process, when and for what purpose. This data protection information explains the nature, scope and purpose of the collection and use of your personal data by Lindner Group KG. 

Please also refer to the other data protection information of the Lindner Group:

Data Protection Information in the context of social media
DATA PROTECTION INFORMATION FOR APPLICANTS
Data Protection Information on events and lotteries
DATA PROTECTION INFORMATION ON VIDEO SURVEILLANCE

Responsible body (controller) within the meaning of the EU General Data Protection Regulation (GDPR):

Lindner Group KG
Bahnhofstrasse 29
94424 Arnstorf
Telephone: +49 8723 20- 0
Fax: +49 8723 20-2147
E-Mail: info[at]Lindner-Group.com


You can contact our data protection officer by post or electronically using the following contact details:

Lindner Group KG
Data Protection Officer
Bahnhofstrasse 29
94424 Arnstorf
Telephone: +49 8723 200
E-Mail: Datenschutzbeauftragter@Lindner-Group.com 
 

Handling of personal data 
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject").


Data subjects
This data protection information is intended for our contact persons and contacts at customers, suppliers, service providers, cooperation partners, partner companies as well as other business partners and public authorities.


Personal data
We use the following personal data for our own purposes:

  • Personal master data such as first name, last name, date of birth
  • Contact data such as e-mail address, address, telephone number, fax number
  • Contract master data such as documentation of projects, tax number
  • Billing data such as payment methods, IBAN, BIC

Information you provide to us in the course of the business relationship that is relevant for optimal business partner and customer support.

Personal data is usually collected directly from the person concerned.

Standard periods for the deletion of personal data
If no explicit storage period is specified at the time of collection (e.g. as part of a declaration of consent), the personal data will be deleted as soon as it is no longer required to fulfil the purpose for which it was stored, unless legal storage obligations (e.g. obligations under commercial and tax law) prevent deletion.
 

Purpose and legal basis for data processing

1. Data processing due to pre-contractual measures (offer) and for the fulfilment of the contract according to Art. 6 para. 1 lit. b GDPR.
We collect, process and use personal data if you provide us with this data (e.g. by telephone, electronic or written transmission, by handing over a business card, by contact requests) and if your employer or client provides us with your contact details (e.g. if you are named as a contact person for a project). We process your data when integrating it into our data storage systems. We also process your personal data if you have requested information or offers from us via third parties (e.g. specialist portals) and your data has been transmitted to us.

The personal data mentioned above is processed for the following purposes, for example:

  • Contacting regarding sales, processing of construction projects and delivery orders
  • Communication regarding services, projects and technical issues
  • Initiation, planning, implementation and administration of the business relationship
  • Contacting for requests for information, offers, applications for projects
  • Project advice and support for project development, planning and tendering
  • Compliance with legal requirements (e.g. tax and commercial law retention obligations) or existing obligations to carry out compliance screenings (to prevent white-collar crime or money laundering)
     

The processing of your personal data serves the fulfilment of a contract or the implementation of pre-contractual measures, e.g. in the context of a quotation.


2. Data processing for the fulfilment of legal obligations according to Art. 6 para. 1 lit. c GDPR
Lindner Group KG processes your personal data due to legal obligations. This is done in particular for the following purposes:

  • egally required storage of documents and
  • the disclosure of data to authorities
     

3. Data processing on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR.
We also process your data to protect our legitimate interests or the legitimate interests of a third party, provided that your personal interests, fundamental rights and freedoms are not overridden. For example, we have an interest in defending or legally enforcing our legal and commercial claims, protecting ourselves against commercial or financial or legal risks, protecting our company knowledge and property, marketing ourselves, providing you with complete satisfaction as a customer or partner of the Lindner Group of Companies and maintaining a long-term and close business relationship with you.

Data processing is carried out for the following purposes:

  • Avoiding and/or settling legal disputes, enforcing and enforcing existing contracts, exercising and defending legal claims.
  • Maintaining and protecting the security of our products and services and our websites, preventing and detecting security risks, fraud or other criminal or harmful activity.
  • Checking creditworthiness and hedging risks of non-payment
  • Updating our databases


Promotional communication

1. Processing of your data
We would like to provide you with information about our projects, products and services of our company. In addition, we would like to provide you with information, invitations to trade fairs at which we are represented and other events. Likewise, the implementation of customer satisfaction surveys, marketing campaigns, market analyses and competitions causes us to contact you with promotional intent. The legal basis for this is either your consent within the meaning of Art. 6 (1) a GDPR, § 7 UWG or our legitimate interest in direct advertising according to Art. 6 (1) f GDPR in conjunction with § 7 UWG.

Data processing for these purposes thereby includes the processing of your lawfully stored data in connection with the respective customer and contract information for individualized advertising and market research, statistics and analyses. Also included is the use of this data to uniquely identify you in order to provide you with the best possible services and to avoid any inconsistencies in connection with the above-mentioned purposes of the promotional communication. 
 

2. Promotional communication based on your consent

If you give us your consent, we base the above-mentioned data processing on your consent pursuant to Art. 6 (1) lit. a GDPR and Section 7 UWG. You give us a declaration of consent for advertising communication, for example, if you register for our newsletter on our homepage.

The following provisions apply to data processing in the context of the submission of this declaration of consent:

The declaration of consent
For verification purposes and in order to meet our accountability obligations under Article 5 GDPR, we will store your declaration of consent and the personal data it contains in our company until the purpose of storage no longer applies. 

Consequences of non-submission and revocation
You are free at any time to revoke a declaration of consent once submitted with effect for the future or not to submit an offered declaration of consent. This action will not have any negative consequences for you. Please note, however, that in the event of revocation or non-submission of the declaration of consent, it may not or no longer be possible for us to provide you with information and offers from our company.

Contact methods
In order to comply with your privacy rights to the greatest possible extent, we offer you a choice of various communication channels (telephone, e-mail, mail, mobile phone/SMS). Accordingly, we will only use those channels to which you have expressly consented.

Processing of data for verification purposes 
Should this be necessary to pursue our interests, we will process the declaration of consent or the data stored therein or in this context, insofar as we are authorized to do so. This may also include the disclosure of this information to legal counsel or government agencies pursuant to Art. 6 para.1 lit f GDPR.
 

3.  Promotional communication based on our legitimate interest.

In some cases, we process your legitimately collected personal data for the purposes of promotional communication on the basis of our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. In this context, our legitimate interest lies in non-harassing direct marketing and your rights and freedoms are not to be regarded as predominant in comparison.

If we send you advertising via electronic mail (e-mail), we will only use e-mail addresses that we have collected in the context of a sale of goods or services, will only send direct advertising for our own similar goods or services and will only use your e-mail address as long as you have not objected to the sending of direct advertising. For a simple exercise of your right of objection according to Art. 21 (2) GDPR, § 7 UWG regarding a specific advertising sent at regular intervals (newsletter), please use the unsubscribe link provided in each mailing. For an objection according to Art. 21 para. 2 GDPR, § 7 UWG against all forms of direct advertising, please contact the responsible person. If we send you direct advertising by post on the basis of our legitimate interest, we will use your data for this purpose until you have objected to this form of direct advertising.
 

4. Promotional communication and lotteries

Insofar as you have provided us with personal data in the context of a lottery, we will only process this data for the purpose of promotional communication if you have given us your express and voluntary consent to do so within the meaning of Art. 6 (1) lit. a GDPR. Your consent to the use of your data for promotional purposes is voluntary, as it is not a prerequisite for participation in the competition. You will not suffer any disadvantages in the competition if you do not consent to the use of your data for promotional purposes.
Your declaration of consent includes the storage of your personal data in our internal data storage systems as well as its use for contacting you for promotional purposes. 
 

5 Direct marketing without personal reference

If contact data does not relate to a person and the addressee of the direct advertising is not a consumer pursuant to Section 13 of the German Civil Code (BGB), we also use this data for direct advertising by telephone, insofar as we can assume that the addressee has given his or her consent. Furthermore, we also collect contact data from third parties for the purposes of advertising communication, insofar as this is legally permissible.

Data transfer by our company 
The data you send us will be treated confidentially. Your personal data will not be sold or otherwise marketed by us to third parties outside the Lindner group of companies.
As a matter of principle, the data will not be made available to third parties for use unless you have given your consent to this, we are legally entitled and/or obliged to pass on this data, or on the basis of our legitimate interest.
We will disclose personal data to courts, tax authorities, supervisory authorities to the extent legally permissible and necessary to comply with applicable law or to assert, exercise or defend legal claims. However, we take all measures to ensure appropriate and adequate safeguards to protect your personal data.
 

This transfer of data by Lindner Group KG is based on the following legal grounds:

  • Use of a processor in accordance with Art. 28 GDPR.
  • Data transfer to another data controller according to Art. 6 para. 1 lit. b, c and f GDPR
  • Cooperation with other controllers in the context of joint responsibility according to Art. 26 GDPR.

We forward your personal data to the following companies and institutions for the above-mentioned purposes in compliance with one of the aforementioned legal bases:

  •  Companies within the Lindner group of companies 
  • Service providers in the IT sector who provide us with infrastructure and applications or maintain their proper operation
  • Authorities and other public bodies 
  • Specialized persons such as lawyers, tax consultants, auditors 
  • Business partners, if necessary for the fulfillment of the contract 
  • Cooperation partners and dealers for further processing of your inquiries
  • Analysis companies for the comparison of your data and for the enrichment of our databases
  • Credit agencies
     

Data transfer to our company 
In some cases, we do not collect personal data directly from you, but receive it from other sources. This data transfer to Lindner Group KG is based on the following legal grounds:

  • Data transfer by another responsible party in accordance with Art. 6 Para. 1 lit. b, c and f GDPR
  • Cooperation with other responsible parties in the context of joint responsibility according to Art. 26 GDPR

We receive your personal data in compliance with one of the aforementioned legal bases through the following companies and institutions:

  • Companies within the Lindner group of companies
  • Authorities and other public bodies 
  • Specialized persons such as lawyers, tax advisors, auditors 
  • Business partners, if necessary for the fulfillment of the contract 
  • Cooperation partners and dealers for further processing of your inquiries
  • Analysis companies for filling our databases
  • Credit agencies
  • Compliance screening databases


Transfer of customer data as part of the continuation of a business operation
In some cases, we have taken over your data from another responsible party as part of the continuation of their business operations or product sales. You were informed about this data transfer in advance by the other party, in accordance with Art. 13 GDPR, and you had the opportunity to object to the data transfer.


The transfer of your personal data was based on the legal basis of Art. 6 (1) lit. f GDPR. Our legitimate interest or the legitimate interest of the former owner of your data within the meaning of this provision is to enable us to optimally continue our business operations or product sales. Only with your customer data it will be possible for us to continue to offer you a comprehensive service in the future. In light of Art. 6 (1) f GDPR, your interests and freedoms are not considered to be predominant, as your data will not be duplicated, the data serves the continuation of the business area or product distribution and no increased risk to your rights and freedoms is to be expected as a result of this form of data processing.
After the data has been transferred, your data has been integrated into our data storage systems. For more information about the processing of your data by our company and about your rights under the GDPR, please see our further data protection information.

Video surveillance
For information on video surveillance measures, please refer to the DATA PROTECTION INFORMATION ON VIDEO SURVEILLANCE and the information signs on the company premises. 

Data processing in the customer management system
Personal data, which we receive from you at the beginning as well as during the cooperation, is stored in our customer management system (CRM). Since our CRM system is used across companies, other companies in the Lindner Group can also access this data. 
In terms of data protection law, this type of cooperation is what is known as joint responsibility pursuant to Art. 26 GDPR. In this case, both Lindner Group KG and the respective affiliated company are jointly responsible for data processing within the meaning of Art. 4 No. 7 GDPR. For this type of cooperation, a contract has also been concluded between the parties in each case in accordance with Art. 26 GDPR. 
Through this cooperation, your data may be transferred to one of our affiliated companies or from a Lindner Group company to us. 

Data transfer to third countries 
In some cases, we transfer your personal data to countries outside the European Union or the European Economic Area. In these third countries, the level of data protection is not the same as in the European Union. To ensure a comparable level of protection for natural persons, we comply with the provisions of Art. 44 et seq. GDPR. The appropriate safeguards within the meaning of Chapter 5 of the GDPR are ensured by adequacy decisions or the conclusion of EU standard contractual clauses. The adequacy decisions can be viewed both in the Official Journal of the EU and on the website EUR-LEX.EUROPA.EU.
The standard contractual clauses can be viewed on the EU Commission website EUR-LEX.EUROPA.EU.

Data subject rights

Right to information
According to Art. 15 GDPR, you have the right to request information from the controller as to whether personal data concerning you is being processed.
For this purpose, Lindner Group KG will provide an overview of the processing purposes, the categories of personal data processed, the respective recipients or categories of recipients, and a copy of the stored data.

Rights to rectification, erasure and restriction of processing.
In accordance with Art. 16 DS-GVO, you have the right to demand the correction of any inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data.
In accordance with Art. 17 DS-GVO, you have the right to demand from Lindner Group KG that personal data concerning you be deleted without delay, insofar as no other legal requirement precludes such deletion.
In accordance with Art. 18 DS-GVO, you have the right to demand the restriction of processing if

  • you dispute the accuracy of your personal data,
  • the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead its limited use,
  • the controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims,
  • you object to the processing pursuant to Article 21 DS-GVO.
     

Right of withdraw a consent
You have the right to revoke your consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. 

Right to objection
You have the right to object at any time to the processing of your personal data based on Art.6 (1) lit. (e) and lit. (f) GDPR. The Lindner Group KG shall then no longer process the personal data, unless it can demonstrate compelling legitimate grounds which override the interests, rights and freedoms of the data subject.

Prior to the conclusion of a contract, you are neither legally nor contractually obliged to provide us with your personal data. However, without this data, it may not be possible for us to enter into a contractual relationship with you, process your inquiries or submit an offer to you.

Right to lodge a complaint with a supervisory authority
You also have the right to complain to the competent supervisory authority about data processing by our company. The competent data protection authority for our company is:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Web: WWW.LDA.BAYERN.DE

Status of data protection information 
Constant development makes it necessary to adapt our data protection principles from time to time. We reserve the right to make appropriate changes at any time.

Status: 02/2021