Privacy policy for the “WhatsApp” Messenger service communication channel

A. General

I. What does this privacy policy cover?

We attach great value to protecting and securing your personal data. Therefore, it is also important that we notify you which of your personal data we use, the purpose of such use and what rights you have relating to your personal data.

We provide a “Whatsapp” Messenger service communication channel (hereinafter known as WhatsApp), which enables you to stay up to date with current information and through which you can communicate with us direct if you require some type of service using a smartphone or the like. You can stop the use of the “WhatsApp” communication channel at any time with effect for the future, for example by sending a WhatsApp message with the content “STOP”. You can then restart the service by sending a message with the content “START”.

Send us a WhatsApp message with the text “DELETE ALL DATA” to remove all the information relating to your use of the WhatsApp communication channel.

Liebherr-Werk Biberach GmbH uses the service provider Messenger People GmbH for the technical provision of the service. Messenger People GmbH an independent German company and is not part of the WhatsApp Group. The service provider processes all the data we receive on our behalf on secure servers located in Europe.

Information about WhatsApp

We communicate with you using the “WhatsApp” Messenger service. Unfortunately we have no influence on WhatsApp’s privacy policies as we have no responsibility for the service. You should therefore be aware of the following.

You have agreed to the WhatsApp’s general terms and conditions as soon as you install and use WhatsApp on your mobile phone.

These state that WhatsApp messages are generally encrypted so that they cannot be read by third parties during transmission. However, WhatsApp Inc. itself can access data such as your telephone number, your profile, your chat history and the contacts stored on your phone. Your data (texts, photos, videos and voice messages) are stored by WhatsApp on servers in the USA. However, we have no influence on which data are retained by WhatsApp after they have been deleted in our system (for example, our profile and the chat history in your WhatsApp profile remain visible).

WhatsApp Inc.’s user guidelines are available here: WhatsApp legal information.

Further information and instructions about how to use WhatsApp as securely as possible are available on the web page at

II. What are personal data and what does processing mean?

1. “Personal data” (hereinafter also known as “data”) are all information about a private individual. However, personal data are not just information which enables a certain person to be identified directly (such as a person’s name or email address), but also information which, with the appropriate additional knowledge, enables a reference to be made to a certain person.

2. “Processing” means any action conducted with your personal data (such as the collection, registration, organisation, ordering, saving, usage or deletion of data).

B. Data processing

I. Who is responsible for processing your data?

The body responsible for processing your data is Liebherr-Werk Biberach GmbH, Memminger Str. 120, 88400 Biberach/Riss, Germany, contact: [email protected] , Tel. +49 7351 41-0

II. What data do we collect and for what purposes?

During our work with business partners, we may process the following data

1. Contact information such as forenames and surname, mobile telephone number, company and position and a profile picture

2. Date of birth

3. Fleet information: Crane ownership, crane brand (Liebherr yes / no), serial number, crane type (bottom-slewing crane / top-slewing crane / mobile construction crane)

4. Error codes

5. Current crane location – country and town

6. Service product order number

We only process data for the following purposes:

1. Sending press releases, social media articles, information about trade shows and events, crane jobs, training, wind warnings and new products

2. Communication of current offers and promotions

3. Organising competitions

4. Sending personal birthday wishes

5. Processing service enquiries

Data processing for other purposes is only considered if the legal requirements for it set out in Art. 6 paragraph 4 of the GDPR are satisfied. In this case, we will, of course, comply with any information duties set out in Art. 13 paragraph 3 of the GDPR and Art. 14 paragraph 4 of the GDPR.

III. On what legal basis do we collect your data?

The legal basis for processing your data, unless other specific legal regulations apply, is generally Art. 6 of the GDPR.

Your data is processed on the basis of the following legal basis:

• Data processing to fulfil contracts (Art. 6 paragraph 1 letter b) of the GDPR)

We only process your data as far as is actually required to satisfy the above purposes.

IV. Which categories of your data do we transfer, to whom and for what purposes?

We may transfer your data to the following:

1. To other companies or other companies within the Liebherr Group if this is required to initiate, execute or terminate a contract.

V. Will your data be processed outside the European Union?

The transfer of data to bodies in countries outside the European Union (so-called third party countries) is only permitted, (1) if you have given us your consent or (2) if the European Commission has decided that the third party country has a reasonable level of protection (Art. 45 of the GDPR). If the Commission has not reached this decision, we may only transfer your data to third parties located in a third party country if we have suitable guarantees (for example standard data protection clauses which are accepted by the Commission or the supervisory authority on the basis of a specific procedure) and the enforcements of your data subject rights is ensured or the transfer is permitted in a specific case as a result of other permissions (Article 49 of the GDPR).

VI. When do we delete or anonymise your data?

We process your data for as long as necessary for the specific purpose unless you have effectively refused permission for your data to be processed.

You can initiate this refusal at any time yourself:

• You can send us a WhatsApp message with the text “DELETE ALL DATA” to delete all the information relating to your use of the WhatsApp communication channel.

• Furthermore, you can stop the communication channel by sending us a WhatsApp message with the text “STOP”. Your data will then be deleted from our system after 3 months unless you reactivate the service by sending us a WhatsApp message with the text “START” within the 3-month period

VII. To what extent does automated decision-making take place in a specific case?

We generally do not use any fully automated decision-making under Article 22 of the GDPR to start and manage our business relationships. If we use this procedure in specific cases, we will notify you separately of this if we are required to do so by law.

C. How are your personal data protected from access by unauthorised persons and loss?

We take technical and organisational security measures to ensure that your data are protected from loss, incorrect changes or unauthorised access by third parties. In any event, only authorised personnel in our company have access to your data and can only access the data if they are required to do so for the purposes set out above.

D. Data subject rights and right to complain

Under the framework set out by law, you have the right to the following:

1. Information about your data;

2. Correction of incorrect data and completion of incomplete data;

3. Deletion of your data, particularly if (1) they are no longer required for the purposes set out in this privacy policy, (2) you revoke your consent and there is no other legal basis for processing the data, (3) your data have been processed illegally, or (4) you have objected to the data being processed and there are no priority reasons for said data processing;

4. Restricting the processing of your data, particularly if you dispute that the data are correct or the processing of your data is illegal and you demand a restriction of their use rather than their deletion;

5. The right to receive your data in a structured, conventional and machine-readable format and to ensure that your data are sent by us direct to another responsible party.

Please note that the legality of the data processing on the basis of your consent until further notice will be unaffected by any revocation on your part.

If you claim the rights set out above, we hope that you will understand that we may request evidence from you to show that you are the person that you are claiming to be.

Furthermore, you have a right to complain to the relevant supervisory authority.

E. Who is the contact for data protection matters and how can I contact him?

If you have any questions about data protection, please contact the following:

Corporate Privacy

Liebherr-IT Services GmbH

St. Vitus 1

88457 Kirchdorf an der Iller

Email: [email protected]

Date of issue: March 2019