We attach great importance to the protection and security of your personal data. Therefore, we consider it vital to inform you in the following about which of your personal data we process for what purpose and what rights you have in respect of your personal data.
– “Personal data” (hereinafter also referred to as “data”) are all the details that make a statement about a natural person. Personal data are not just details that allow a direct conclusion to be drawn about a certain person (such as the name or e-mail address of a person), but also information with which with suitable additional knowledge a connection can be made with a certain person.
– “Processing” means any action taken with your personal data (such as collection, recording, organisation, structuring, storage, use or erasure of data).
The controller for the processing of your data is:
Liebherr-EMtec GmbH
Liebherrstr. 12
88457 Kirchdorf an der Iller
Germany
Telephone: +49 7354 80 0
E-mail: datenschutz.lhb@liebherr.com
Our data protection officer can be reached at the following contact details:
Corporate Privacy
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
Germany
E-mail: datenschutz@liebherr.com
As a data subject, you have the right, within the legal scope, to:
– Information about your data;
– Rectification of inaccurate data and completion of incomplete data;
– Erasure of your data, particularly if (1) they are no longer necessary for the purposes stated in this Data Protection Declaration, (2) you have withdrawn your consent and there is no other legal ground for the processing, (3) your data have been unlawfully processed, or (4) you have objected to the processing and there are no overriding legitimate grounds for the processing;
– Restriction of the processing of your data, particularly if the accuracy of the data is contested by you or the processing of your data is unlawful and instead of deletion you demand restriction of use;
– Object to processing of your data based on legitimate interests, on grounds relating to your particular situation, or, without specific justification, to processing of your data carried out for direct marketing purposes; unless it is an objection to direct marketing, we ask that you explain the reasons why we should not process your data as we may do, when you lodge an objection. In the event of your reasoned objection, we will examine the merits of the case and cease processing unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims;
– Receive your data in a structured, commonly used and machine-readable format and to have your data transmitted from us directly to another controller;
– Withdraw consent, if you have given us consent for processing. Please note that the lawfulness of processing based on consent before its withdrawal will not be affected by your withdrawal.
If you assert any of the above-stated rights, please understand that we may require you to provide evidence showing that you are the person you claim to be.
Furthermore, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of your data infringes the GDPR.
Our app may contain links to and from websites of other providers not affiliated with us (“third parties”). After clicking on the link, we no longer have any influence on the processing of any data transmitted to the third party when the link is clicked (such as the IP address or the URL on which the link is located), as the behaviour of third parties is naturally beyond our control. Therefore, we cannot assume any responsibility for the processing of such data by third parties.
Our app may contain links to share content from our app on various social networks and/or messenger services. The established links do not result in any data being transmitted to providers of social networks or messenger services while you are using our app. Only when you use the share function on your mobile device to share content from our app, data will be transmitted to the respective provider of the social network or messenger service. We have no influence on further data processing by the respective provider of the social network or messenger service.
– Contact forms
On our app, we offer you the option of sending messages or enquiries to us via contact forms. If you make use of this option, we will process your data collected via the respective form in order to handle your message or enquiry and, if necessary, to contact you.
What data do we process and for what purposes?
We process the following data:
– Name, first name (see configurator)
– Address
– Country
– Phone number
– E-mail address
– Content data (your message/inquiry)
These data are
in principle processed by us solely for the purpose of
– replying to and further handling of your message or enquiry
– forwarding to the contact person responsible for you to answer your individual inquiry about earthmoving products (if necessary)
Processing for other purposes may only be considered if the necessary legal requirements pursuant to Article 6 para. 4 GDPR are met. In that case, we will of course comply with any information obligations pursuant to Article 13 para. 3 GDPR and Article 14 para. 4 GDPR.
On what legal basis do we process your data?
The processing of your data is carried out for the performance of a contract or in order to take steps prior to entering into a contract pursuant to Article 6 para. 1 point b GDPR resp. for purposes of legitimate interests pursuant to Article 6 para. 1 point f GDPR.
Our legitimate interests pursued are the proper response and handling of your message or enquiry.
You have the right to object, on grounds relating to your particular situation, at any time to processing based on Article 6 para. 1 point f GDPR.
Using so-called “local storage technology”, data is only stored locally, i.e. solely on your terminal equipment and not on the web server, in the so-called “local storage” of your end device. In contrast to cookies, data stored using local storage technology does not possess an expiry date and is not automatically deleted without further action; you can, however, delete this data yourself via your end device.
In providing our app, we integrate various content and functional elements (hereinafter also referred to collectively as “services”) that are obtained from the web servers of their respective providers (hereinafter referred to as “third-party providers”). For the proper presentation and provision of the services, it is always necessary that your IP address is transmitted to the respective third-party provider. Although we endeavour to only integrate services where the respective third-party provider only uses the IP address to deliver the services, we have no influence on the further processing by third-party providers.
For data transmissions/transfers requiring consent, we ask you for your consent for the data transmission/transfer to third-party providers/third countries associated with the use of miscellaneous services, among other things, when you access our app for the first time with a previously defined query (“Cookies, other technologies and miscellaneous services”). If you do not already give your consent with this previously defined query, third-party services requiring your consent will be blocked on our app and no data will be transmitted/transferred to third-party providers/third countries. Instead, you can give your consent separately for individual third-party services in each case by clicking on “Accept” in the respective blocker. If in future you no longer wish to give your consent to each third-party service individually and wish to be able to load them without the respective blocker, you have the option of additionally selecting “always accept” and thus also consenting to the associated data transmissions/transfers for all other third-party services which you open on our app in the future.
You can withdraw given consents at any time with effect for the future and thus prevent the further transmission/transfer of your data by deselecting the corresponding services under “Miscellaneous services (optional)” in the settings of the consent management service.
Against this background, we use the services detailed hereafter:
– Google Maps
We integrate map material from “Google Maps” on our app, a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter collectively “Google”).
Subject to your consent, we transmit/transfer your data, including your IP address, to Google when you load Google Maps material. The data transmitted/transferred within the scope of Google Maps may be stored and processed by Google in the USA, among other places. We have no influence on further data processing by Google. For a data transfer to a third country, i.e. a country outside the EU or EEA, appropriate safeguards for the protection of your personal data are generally required. After the Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-US Privacy Shield was declared invalid by the European Court of Justice, the EU-US Privacy Shield can no longer be used to guarantee an adequate level of protection in the USA in line with EU standards. Consequently, in the USA there does not currently exist a level of data protection that is equivalent to that prevailing in the EU pursuant to Article 45 GDPR and we cannot provide appropriate safeguards under Article 46 GDPR to offset this shortcoming. As a result, data transfer to the USA is only permitted here with your explicit consent in accordance with Article 49 para. 1 point a GDPR. Possible risks of this data transfer are that access by state authorities, such as security agencies and/or intelligence services, cannot be excluded and your data could be processed by them – possibly without you being informed separately and without you having enforceable rights and effective legal remedies available to you – for reasons of national security, law enforcement or for other purposes in the public interest of the USA.
Third-party provider information:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Website:
https://cloud.google.com/maps-platform
Privacy Policy:
https://policies.google.com/privacy
– Google Analytics
For analysis we use “Google Analytics”, a analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter collectively “Google”). To this end, we have concluded a data processing agreement with Google in accordance with Article 28 GDPR. Google will accordingly process the data collected (data about your terminal equipment, IP addresses and your app activities) on our behalf for the purposes of evaluating your use of our app, compiling reports on app activity and providing other services relating to our app.
Data collected in the context of Google Analytics may be stored and processed in the USA or any other country in which Google or subprocessors of Google maintain facilities.
For a data transfer to a third country, i.e. a country outside the EU or EEA, appropriate safeguards for the protection of your personal data are generally required. After the Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-US Privacy Shield was declared invalid by the European Court of Justice, the EU-US Privacy Shield can no longer be used to guarantee an adequate level of protection in the USA in line with EU standards. Consequently, in the USA there does not currently exist a level of data protection that is equivalent to that prevailing in the EU pursuant to Article 45 GDPR and we cannot provide appropriate safeguards under Article 46 GDPR to offset this shortcoming. As a result, data transfer to the USA is only permitted here with your explicit consent in accordance with Article 49 para. 1 point a GDPR. Possible risks of this data transfer are that access by state authorities, such as security agencies and/or intelligence services, cannot be excluded and your data could be processed by them – possibly without you being informed separately and without you having enforceable rights and effective legal remedies available to you – for reasons of national security, law enforcement or for other purposes in the public interest of the USA.
Service provider information:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Google Ads Data Processing Terms:
https://privacy.google.com/businesses/processorterms/
Terms of Service:
https://marketingplatform.google.com/about/analytics/terms/us/
Overview of data usage in Google Analytics:
https://support.google.com/analytics/answer/6004245?hl=en
Privacy Policy:
https://policies.google.com/privacy
We may transmit your data to:
– Other companies of the Liebherr Group, provided this is necessary to initiate, perform or terminate a contract, or for our part we have a legitimate interest in the transmission and your predominant legitimate interest is not opposed to this;
– Our service providers that we use in order to achieve the above-stated purposes;
– Courts of law, courts of arbitration, authorities or legal advisers, if this is necessary to comply with current law or for the establishment, exercise or defence of legal claims.
The transfer of data to bodies in countries outside the European Union or the European Economic Area (so-called third countries) or to international organisations is only permissible (1) if you have given us your consent or (2) if the European Commission has decided that an adequate level of protection exists in a third country (Article 45 GDPR). If the Commission has not made such a decision, we may only transfer your data to recipients located in a third country if appropriate safeguards are in place (e.g., standard data protection clauses adopted by the Commission or the supervisory authority following a specific procedure) and the enforcement of your data subject rights is ensured or the transfer is permissible in individual cases on the grounds of other legal bases (Article 49 GDPR).
Where we transfer your data to third countries, we will inform you of the respective details of the transfer at the relevant points in this data protection declaration.
We will process your data as long as this is necessary for the respective purpose, unless you have effectively objected to the processing of your data or effectively withdrawn any consent you may have given.
Insofar as statutory retention obligations exist, we will be bound to store the data in question for the duration of the retention obligation. Upon expiry of the retention obligation, we will check whether there is any further necessity for the processing. If there is no longer such a necessity, your data will be deleted.
We use technical and organisational security measures to ensure that your data is protected against loss, inaccurate alteration or unauthorised access by third parties. Moreover, for our part in every case, only authorised persons have access to your data, and this only insofar as it is necessary within the scope of the above-stated purposes. The transmission of all data is encrypted.