DATA PROTECTION DECLARATION

I.           Name and Address of the controller

Controller within the meaning of the EU General Data Protection Regulation (GDPR), other data protection laws applicable in Member States and other provisions related to data protection is:

LEANmade AG
Im Eigeli 17
8700 Küsnacht
Switzerland

Registered under SHAB UID CHE-327.506.618T
Tel: +41 (44) 585 32 21
E-mail: info@leanmade.com
Website: www.leanmade.com

 

II.           Name and Address of the data protection coordinator

The data protection coordinator of the controller is:

David Wicki
c/o MCR Compliance Consulting GmbH
General Wille-Strasse 201
8706 Feldmeilen

 

III.           General information on data processing

1.    Scope of processing of personal data

We only process personal data of our users if this is necessary to provide a functional website and our contents and services. The processing of our users’ personal data is only carried out regularly with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

 

2.    Legal basis for the processing of personal data

Provided 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.

For the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Provided 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.

In the event that vital interests of the data subject or another natural person require the processing of personal data, art. 6 para 1 lit. d 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 former interest, art. 6 para. 1 lit. 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 exist. Further, 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 controller is subject. The data will also be blocked or deleted if a storage period under the mentioned provisions expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

 

IV.         Provision of the website and creation of log files

1.    Description and scope of data processing

Our system automatically collects data and information from the computer system when a computer calls up the website.

The following data can be collected:

(1) Information on 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 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 it is no longer required in order to achieve the purpose for which it was 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 seven days at the latest. Continued storage is possible. In such a case, the IP addresses of the users are deleted or anonymized so that an assignment of the calling client is no longer possible.

 

5.    Objection and elimination possibilities

The collection of the data for the provision of the website and the storage of the 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

a)    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. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters 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 cookies store and transmit the following data:

(1) Language settings

(2) Log-in information

 

We also use cookies on our website which enable an analysis of the user’s surfing behavior.

By this means, the following data can be transmitted:

(1) Search terms when using the search function on our website’

(2) Frequency of page views

(3) Use of website functions

The user data collected by this means is pseudo-anonymized 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 in browser settings can be avoided.

b)   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.

c)    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 these functions, it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

(1) Accepting language settings

(2) Remembering search terms

 

The user data collected by technically necessary cookies is 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 being 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.

 

d)    Duration of storage, objection and elimination possibility

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 a free newsletter on our website. When registering for the newsletter, the data collected from the input mask is transmitted to us, namely:

(1) Title

(2) First name, last name

(3) Company name

(4) E-mail address

 

In addition, the following data is collected upon registration:

(1) IP address of the calling computer

(2) Date and time of registration

 

During the registration process, your consent will be obtained for the processing of the data and access will be granted to this data.

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.

 

3.    Purpose of data processing

The collection of the user’s e-mail address serves to send 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 it is no longer required in order to achieve the purpose for which it was collected. The user’s e-mail address will therefore be stored for as long as the subscription to the newsletter is active.

The other personal data collected during the registration process will generally be deleted after a period of seven days.

 

5.    Objection and elimination possibility

The subscription to the newsletter can be cancelled by the relevant user 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 stored. The data will not be passed on to third parties. The following data is collected during the registration process:

(1) Title

(2) First name, last name

(3) Company name

(4) Residential address

(4) Telephone number (landline and mobile)

(5) E-mail address

(6) Comments (optional)

 

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 fulfillment of a contract to which the user is a party or the implementation of per-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

Your personal data collected based on your response to any open job positions published on our website and any submitted documents via separate e-mail/postal mail will be processed to check your application or your interest in employment with us and to contact you.

Registration of the user on our website may also be necessary for the provision of certain content and other services, in particular advice on IT compliance, IT security and data privacy.

 

4.    Duration of storage

The data will be deleted as soon as it is no longer required in order to achieve the purpose for which it was collected. This is the case for the data collected during the registration process if the registration on our website is cancelled or changed.

 

5.    Objection and elimination possibility

As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time. You can send your request by e-mail to the following address:

david.wicki@leanmade.com

 

 

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) Title

(2) First name, last name

(3) Company name

(4) Telephone number (landline and mobile)

(5) E-mail address

(6) Comments (optional)

 

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

The following is a list of the corresponding data. Examples could be:

(1) The IP address of the user

(2) Date and time of registration

 

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 to you. 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 only be used for the processing of the conversations.

 

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 via e-mail is art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the 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 serves 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 it is no longer required in order to achieve the purpose for which it was collected. For personal data from the input mask of the contact form and personal data sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is finished when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

 

5.    Objection and elimination possibility

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.

A description follows, in what way the revocation of consent and the objection to storage can be provided.

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

 

IX.         Rights of data subjects

If personal data of you is being processed, you are a data subject in the meaning of the GDPR and you have the following rights vis-à-vis the controller.

 

1.    Right to disclosure

You can ask the controller to confirm whether personal data concerning you will be processed by us.

If such processing applies, you can request the following information from the controller:

(1) the purposes for which the personal data is processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data concerning you has been or are is still being disclosed; as of April 2018

(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 correction 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) any available information on the origin of the data if the personal data is not collected from the data subject;

(7) 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.    Right to correction

You have a right of correction and/or completion vis-à-vis the controller if the personal data processed concerning you is incorrect or incomplete. The controller 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 limited:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data;

(2) if the processing is unlawful, and you reject the deletion of the personal data and instead request that the use of the personal data be restricted;

(3) if the 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 controller outweighs 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 European Union or a Member State.

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

 

4.    Right to cancellation

a)   Duty to delete

You may request the 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 is no longer required 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 has been processed unlawfully.

(5) The deletion of personal data relating to you is required to fulfil a legal obligation under European Union law or the law of the Member States to which the data controller is subject.

(6) The personal data concerning you is collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.

 

b)    Information to third parties

If the 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 those responsible for data processing 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 if the processing is necessary:

(1) to exercise the right to freedom of expression and information;

(2) for the performance of a legal obligation required for processing under the law of the European Union or of the Member States to which the controller is subject to 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 of correction, deletion or limitation of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of this correction or deletion of the data or limitation of processing, unless this proves impossible or involves disproportionate effort.

You have the right against the controller shall 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 controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without obstruction by the controller 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 controller to another controller, provided it 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 your personal data in accordance with art. 6 para. 1 lit. e or f GDPR.

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

If the personal data concerning you is 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.

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

Notwithstanding Directive 2002/58/EC, you have the possibility to exercise your right of objection in connection with the use of services by an information society by means of automated procedures using technical specifications.

 

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 the 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 European Union or of the Member States to which the person responsible is subject is admissible by law of the European Union or of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your 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.

With regard to the cases mentioned in (1) and (3), the controller takes appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person by the controller, to state his own position and to challenge the decision.

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