Privacy policy (email newsletter)

I. What is personal data and what does processing mean?

• “Personal data” (hereinafter also referred to as “data”) is any information that says something about a natural person. Personal data is not only information that makes a direct reference to a specific person (such as their name or email address), but also information which, given appropriate additional knowledge, can be linked to a specific person.
• “Processing” means any action carried out with your personal data (such as collection, recording, organisation, ordering, storage, use or deletion of data).

II. Who is the controller for the processing of your data?

The controller for the processing of your data is:

Liebherr-Hausgeräte Lienz GmbH,
Dr. Hans-Liebherr-Straße 1,
A-9900 Lienz, Austria
Phone: +43 508 092-0
Email: [email protected]

III. What are you rights as a data subject?

Within the provisions of the legislation, as the data subject you have the right to:

• Receive information about your data;
• Have incorrect data corrected and incomplete data completed;
• Have your data deleted, particularly if (1) it is no longer required for the purposes stated in this privacy policy (2) you withdraw your consent and there is no other legal basis for the processing, (3) your data has been processed unlawfully or (4) you have objected to the processing and there are no overriding legitimate grounds for the processing;
• Restrict the processing of your data, particularly if you contest the accuracy of the data or the processing of your data is unlawful and you request restriction of use instead of deletion;
• Object to processing of your data based on legitimate interests on grounds arising from your particular situation, or, without specific justification, to processing of your data for direct marketing purposes; when you lodge an objection, unless it is an objection to direct marketing, we ask that you explain the reasons why we should not process your data in the way we may have done before. 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 assertion, exercise or defence of legal claims;
• Receive your data in a structured, commonly used and machine-readable format and the right to have us transfer your data directly to another data controller;
• Withdraw consent, if you have given us consent for processing. Please note that the withdrawal of your consent does not affect the legality of the processing carried out on the basis of your consent up until then.

If you seek to assert the above rights, kindly note that we may require you to provide proof to establish that you are the person who 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.

I. Email newsletter

We also offer you the opportunity to sign up for our email newsletter. Insofar as you have granted us your consent to do so, we process the data listed below in order to send our email newsletter.

We may also process your data, including in particular your email address for the purpose of sending you our email newsletter, in compliance with legal requirements, without your consent, in the event that we obtained your data in the course of the sale of a product or service and you have not already objected to this processing (“Advertising to existing customers”).

What data do we process and for which purpose?

We may process the following data:

• First and last name
• Email address
• Your (external) IP address
• Date and time of subscription and acknowledgement of subscription
• Date and time of newsletter retrieval

We process the data you provide solely in order to regularly send you our newsletter (with a personal greeting if applicable) by email and to provide you with marketing information on our products and services or about related promotions, events, competitions, articles etc.

We process the data collected when you subscribe to the newsletter, together with the double opt-in procedure, solely in order to protect the offer and to comply with our statutory duties to keep records. With the double opt‐in procedure, you receive an email when you sign up with a request to confirm your subscription to our newsletter. If you do not acknowledge your subscription by clicking the confirmation link sent to you, you will not have subscribed for our email newsletter and will therefore not receive it.

We also track and analyse your interactions with our newsletter (measuring opening and click rates) and save this information, taking account of your stated personal preferences and interests, or personal preferences and interests suggested by your recipient profile, in order to measure the success of our newsletter and continuously improve and produce it as required. Opening rates are measured using what is known as a tracking pixel, which is a small, invisible image file that is automatically loaded by the web server when the newsletter is opened, thus providing the information that the newsletter has in fact been opened. The way click rates are measured is that when you click on a web link contained in the newsletter, you are first directed to a web server where your click is registered, after which you are taken to the actual target page.

In the case of email newsletters that we send in the course of advertising to existing customers, no measurement of opening and click rates nor any storage of measurement results in recipient profiles takes place.

Processing for other purposes will only be considered if the requisite legal conditions pursuant to Article 6(4) GDPR are met. In this case, we will of course comply with any information obligations pursuant to Article 13(3) GDPR and Article 14(4) GDPR.

On what legal basis do we process your data?

Your data is processed based on your consent pursuant to Article 6(1)(a) in conjunction with Article 7 GDPR or for compliance with a legal obligation pursuant to Article 6(1)(c), Article (3)(a) GDPR in conjunction with Article 32 GDPR (security) or Article 7(1) GDPR (demonstration of consent).

In the case of email newsletters that we send in the course of advertising to existing customers, processing is performed in order to safeguard legitimate interests in accordance with Article 6(1)(f) GDPR. The legitimate interests we are pursuing in this case are customer service and customer retention.

You have the right to withdraw your consent at any time with effect for the future and/or to object at any time to the processing of your data for marketing purposes. The withdrawal/objection does not affect the lawfulness of processing that has taken place up until then. A withdrawal/objection relating only to the measurement of opening and click rates and/or to the storage of the measurement results in recipient profiles is not possible, which means that in order to do this, you must unsubscribe completely from the newsletter. You can unsubscribe from the newsletter at any time via email to [email protected] or by clicking on the unsubscribe link at the end of each newsletter.

II. Data recipients

We may transfer your data to:

• Other companies in the Liebherr Group, if this is necessary in order to bring about, perform or terminate a contract, or if we have a legitimate interest in the transfer and it is not precluded by your overriding legitimate interest;
• Our service providers which we use in order to achieve the above purposes;
• Courts, arbitrators, authorities or legal advisers, if this is necessary in order to comply with the applicable law or to assert, exercise or defend legal claims.

III. Data transfers to third countries

Data transfer to entities in countries outside the European Union or the European Economic Area (so-called third countries) or to international organisations is only permitted (1) if you have given us your consent or (2) if the European Commission has decided that there is an adequate level of protection in a third country (Article 45 GDPR). If the Commission has not taken such a decision, we may transfer your data to recipients located in a third country only if appropriate safeguards exist (for example, standard data protection clauses adopted by the Commission or the supervisory authority under a specific procedure) and the enforcement of your rights as a data subject is guaranteed or the transfer is permissible in individual cases on the grounds of other legal bases (Article 49 GDPR).

Insofar as we transfer your data to third countries, we inform you of the respective details of the transfer at the relevant points in this privacy policy.

IV. Data erasure and storage period

We process your data for as long as this is necessary for the respective purpose, unless you have effectively objected to the processing of your data or effectively withdrawn the consent that you may have granted.

If statutory retention obligations exist, we will have to store the data affected thereby for the duration of the retention obligation. After the expiry of the retention obligation, we check whether there is any further need for processing. If there is no longer any necessity, your data will be deleted.

V. Automated decisions in individual cases

We do not generally use fully automated decision-making pursuant to article Article 22 GDPR. Should we use this method in individual cases, we will inform you of it separately, insofar as this is required by law.

VI. Data security

We use technical and organisational security measures to ensure that your data is protected from loss, incorrect changes or unauthorised access by third parties. Moreover, we ensure that, on our side, only authorised persons are ever granted access to your data and then only to the extent necessary for the purposes mentioned above.

Version: August 2022