1. Objectives
We process certain categories of your Personal data which we receive from you in the course of our business relationship or while accessing our proprietary online applications and tools. For the purpose of transparency and in accordance with Article 13 of the General Data Protection Regulation (GDPR), we therefore want to inform you about the data processing as follows:
2. Definitions
- “GDPR” shall mean the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 on the protection of natural persons with regard to the processing of Personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- “EU Data Protection Law” shall mean all laws and regulations, including laws and regulations of the European Union (e.g. GDPR), the European Economic Area and their member states, applicable to the processing of Personal data (as defined therein).
- “Personal data” shall mean any information relating to an identified or identifiable natural person as defined in article 4 para 1 GDPR; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, gender, age or mental, economic, cultural or social identity of that natural person.
- “Controller” shall mean the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of Personal data.
- “Processing” shall mean any operation or set of operations performed upon Personal data or sets of Personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Third party” shall mean a natural or legal person, public authority, agency or body other than the Data Subject, our employees and any company within our Group including majority-owned joint ventures.
- “Consent” - shall mean any freely given, specific, informed and unambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to Personal data relating to them being processed.
3. General information
3.1 Controller
The Controller of the data Processing is LAT Nitrogen Austria GmbH, St.-Peter-Str. 25, 4021 Linz, Austria. For any request and further information regarding the Processing of your Personal data, please contact:
gdpr@lat-nitrogen.com
3.2 Lawfulness of processing
The lawfulness of the data Processing is based on the necessity for the performance of the contractual relationship existing with you (Art. 6 Abs. 1b GDPR) and on our legitimate interests (Art. 6 Abs. 1 f GDPR), namely regarding the use of your Personal data for the purposes of promoting our goods and services and for the use, operation, functioning and improvement of our website and all other promotion tools we use.
4. Data processing
For the purposes of performing the contractual relationship with you, promoting our goods and services (in particular by sending promotional information by e-mail such as newsletters or by other electronic means) and for using, operating, ensuring good functioning and improving our website and all other promotion measures and tools, own ones as well as those of Third parties we use (such as social media and search engines), we process the below mentioned Personal data:
- e-mail address
- first name and last name
- business relation with us (B2B or B2C).
It is necessary for the above purposes that we disclose your Personal data to the following categories of recipients (but not necessarily all Personal data to all recipients)
- advertising agencies
- advertising platforms
- website service providers.
The period for which your Personal data will be processed and stored by us is determined by the following criteria:
- During the term of our business relationship;
- After the business relation is terminated, for an additional period of three years;
- To fulfil statutory record retention requirements.
5. Your rights
5.1 Information and Access
You are entitled to obtain information from us as to which Personal data are being processed and to get access to that Personal data upon your request. We will provide you with one copy of the Personal data undergoing Processing free of charge, unless the disclosure may adversely affect the rights and freedoms of others.
5.2 Rectification and Erasure
You are entitled to request rectification of inaccurate Personal data or completion of incomplete Personal data concerning you without undue delay.
You are entitled to request erasure of Personal data without undue delay, if:
(i) Personal data are no longer necessary in relation to the purposes for which they were collected;
(ii) You withdraw your consent in case Processing is based only on Consent;
(iii) Your Personal data have been unlawfully processed;
(iv) Personal data have to be erased for compliance with a legal obligation to which we are subject.
However, we are not obliged to execute such erasure if Processing is necessary:
(i) For exercising the right of freedom of expression and information;
(ii) For compliance with a legal obligation to which we are subject;
(iii) For the performance of a task carried out in the public interest or in the exercise of official authority;
(iv) For reasons of public interest in the area of public health;
(v) For Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
(vi) For the establishment, exercise or defence of legal claims.
To request rectification / completion or erasure of Personal data concerning you please contact:
gdpr@lat-nitrogen.com
5.3 Right to Object
Regarding the Processing of your Personal data for our purposes of use mentioned above you have a right to object. Upon receipt of and to the extent of your objection, we will stop Processing your Personal data for the relevant purpose.
5.4 Restriction of Processing
You are entitled to request the restriction of Processing of Personal data in the following circumstances and for the following periods:
(i) You contest the accuracy of the Personal data concerning you; restriction of Processing may be effected for a period enabling us to verify the accuracy of the relevant Personal data;
(ii) The Processing is unlawful and you oppose the erasure of the Personal data and request the restriction of their use instead;
(iii) We do no longer need the Personal data for the purposes of the Processing, but they are required by you for the establishment, exercise or defence of legal claims;
(iv) You have objected to Processing - for the period until the verification whether our legitimate grounds override those of you.
5.5 Data Portability
You are entitled to data portability, namely to receive your Personal data which you have provided to us and which is processed:
(i) Based on your consent or the contractual relationship;
(ii) By automated means;
in a structured, commonly used and machine-readable format.
You are entitled to request that the Personal data is transmitted directly to another Controller by us, where technically feasible. This right shall not apply to Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
5.6 Complaint
You have the right to lodge a complaint with the Austrian Data Protection Authority (Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, E-Mail: dsb@dsb.gv.at) if you believe that your rights to data protection are being infringed.
