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Legal notice

LUMESCA GmbH
Gablonzer Straße 28a
76185 Karlsruhe

Telephone: +49 (0) 721 – 132 09 100
Email: info@grafipress.de

Represented by:
Geoffrey Clements, Mathias Ruder

Commercial register entry:
Registered in the commercial register.
Registration court: Mannheim
Registration number: B107858

VAT ID:
VAT identification number pursuant to §27a of the German VAT Act:
DE 812268057

Content responsibility (according to § 55 paragraph 2 RStV):
LUMESCA GmbH
Gablonzer Straße 28a
76185 Karlsruhe

Image rights:
Unsplash

Note according to the Online Dispute Resolution Regulation

According to applicable law, we are obligated to inform consumers about the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without involving a court. The European Commission is responsible for setting up the platform. The European Online Dispute Resolution Platform can be accessed here: http://ec.europa.eu/odr. Our email address is: info@grafipress.de.

However, we would like to point out that we are not willing to participate in the dispute resolution procedure within the framework of the European Online Dispute Resolution Platform. Please use the above email address and telephone number to contact us.

Note according to the Consumer Dispute Settlement Act (VSBG)

We are neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board.

Disclaimer – Legal Information

  1. Warning regarding content
    The free and accessible content on this website has been created with the utmost care. However, the provider of this website does not guarantee the accuracy or timeliness of the free and accessible journalistic advice and news provided. Contributions identified by name reflect the opinion of the respective author and do not always represent the opinion of the provider. Simply accessing the free and accessible content does not establish any contractual relationship between the user and the provider, as there is no intention by the provider to be legally bound.
  2. External links
    This website contains links to third-party websites ("external links"). These websites are the responsibility of their respective operators. The provider checked the external content for possible legal violations when initially linking the external links. At that time, no legal violations were apparent. The provider has no influence on the current or future design and content of the linked pages. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as its own. Continuous monitoring of external links without specific indications of legal violations is unreasonable for the provider. However, in the event of becoming aware of legal violations, such external links will be promptly deleted.
  3. Copyright and neighbouring rights
    The content published on this website is subject to German copyright and neighbouring rights. Any use not permitted under German copyright and neighbouring rights requires the prior written consent of the provider or the respective rights holder. This applies in particular to reproduction, editing, translation, storage, processing, or reproduction of content in databases or other electronic media and systems. Content and rights of third parties are marked as such. Unauthorised reproduction or distribution of individual content or complete pages is prohibited and punishable by law. Only the creation of copies and downloads for personal, private, and non-commercial use is permitted.

    The presentation of this website in external frames is only permitted with written authorisation.
  4. Special terms of use
    If special conditions for specific uses of this website deviate from the aforementioned paragraphs, this will be expressly indicated in the appropriate place. In such cases, the special terms of use apply individually.
    Source: Impressum Template from JuraForum.de

Processing of Contracts

  1. We process basic data (e.g. company, title/academic degree, names and addresses, as well as contact details of users, email), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (identification of the contracting party; establishment, design, and execution of the contract; verification of the data's plausibility) and for service provision (e.g. contacting customer support) pursuant to Art. 6 Para. 1 Sentence 1 lit. b) GDPR. The fields marked as mandatory in online forms are required to conclude the contract.
  2. Data is generally not shared with third parties unless it is necessary for pursuing our claims (e.g. transferring data to a lawyer for debt collection) or fulfilling the contract (e.g. passing data on to payment providers), or unless there is a legal obligation to do so pursuant to Art. 6 Para. 1 Sentence 1 lit. c) GDPR.
  3. We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails with technical information.
  4. Data is deleted as soon as it is no longer necessary for achieving the purpose of its collection. This applies to basic and contract data when the data is no longer needed for contract execution and no claims can be made under the contract due to the expiration of limitation periods (warranty: two years / general statute of limitations: three years). Due to commercial and tax law requirements, we are obliged to store your address, payment, and order data for a period of ten years. However, three years after the end of the contract, we restrict processing, meaning that your data will only be used to meet legal obligations. Information in user accounts remains until the account is deleted.

Use of Blog Features / Comments

  1. You can post public comments on our blog, which contains articles on topics related to our website. You may use a pseudonym instead of your real name. Your comment will then be published under the pseudonym. Providing an email address is mandatory; all other information is optional.
  2. When you post a comment, we record your IP address along with the date and time, which we delete after several days. This storage is carried out to protect legitimate interests, such as defending against claims by third parties in the event that you publish illegal or false content. We store your email address to contact you in case third parties legally challenge your comments.
  3. Legal bases are Art. 6 Para. 1 Sentence 1 lit. b) and f) GDPR.
  4. We do not review your comments prior to publication. In case of objections by third parties, we reserve the right to delete your comments. We do not share the data with third parties unless it is necessary to pursue our claims or there is a legal obligation to do so (Art. 6 Para. 1 Sentence 1 lit. c) GDPR).
  5. The data is deleted as soon as it is no longer necessary for achieving the purpose of its collection or the execution of the contract, particularly if the contract has been terminated.

Contact via contact form / email / fax / post

  1. When you contact us via contact form, fax, post, or email, the information you provide will be processed for the purpose of handling your enquiry.
  2. The legal basis for processing the data is, if consent has been provided by you, Art. 6 Para. 1 Clause 1 lit. a) GDPR. The legal basis for processing data submitted through a contact enquiry, email, letter, or fax is Art. 6 Para. 1 Clause 1 lit. f) GDPR. The responsible party has a legitimate interest in processing and storing the data to respond to user inquiries, secure evidence for liability purposes, and possibly comply with legal retention obligations for business letters. If the enquiry is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 Para. 1 Clause 1 lit. b) GDPR.
  3. We may store your information and enquiry in our Customer Relationship Management system ("CRM system") or a comparable system.
  4. The data will be deleted as soon as it is no longer required to achieve the purpose of its collection. For personal data from the input field of the contact form and data sent via email, this occurs when the relevant conversation with you has ended. A conversation is considered ended if it can be inferred from the circumstances that the matter in question has been conclusively resolved. User enquiries from those with an account or contract with us are stored until two years after the termination of the contract. In the case of statutory archiving obligations, deletion occurs after their expiration: end of commercial law retention period (6 years) and tax law retention period (10 years).
  5. You have the option to revoke your consent under Art. 6 Para. 1 Clause 1 lit. a) GDPR for the processing of personal data at any time. If you contact us via email, you can object to the storage of your personal data at any time.

Contact by Telephone

  1. When you contact us by telephone, your phone number is processed for handling and managing your enquiry and temporarily stored in the RAM/cache of the telephone device/display, where it is displayed. The storage is conducted for liability and security reasons to provide evidence of the call and for economic reasons to enable a callback. In the case of unauthorised advertising calls, we block the phone numbers.
  2. The legal basis for processing the phone number is Art. 6 Para. 1 Clause 1 lit. f) GDPR. If the enquiry is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 Para. 1 Clause 1 lit. b) GDPR.
  3. The device cache stores calls for several days and gradually overwrites or deletes old data. When the device is disposed of, all data is deleted, and the storage may be destroyed. Blocked phone numbers are reviewed annually to determine the necessity of the blockage.
  4. You can prevent your phone number from being displayed by calling with a suppressed phone number.

Newsletter

  1. You can subscribe to our newsletter by voluntarily providing your email address. Only this information is mandatory. Supplying additional data is optional and serves only the purpose of personalised communication. We use the so-called "double opt-in procedure" for registration. After signing up with your email address, you will receive an email from us with a link to confirm your registration. If you click on this confirmation link, your email address will be added to the newsletter distribution list and stored for the purpose of sending emails. If you do not click the confirmation link within a few hours, your registration data will be blocked and automatically deleted after several days.
  2. We also record the IP address used at registration as well as the date and time of the double opt-in (registration and confirmation). The purpose of this storage is to comply with legal requirements regarding proof of your registration and to prevent misuse of your email address.
  3. As part of your consent declaration, the contents of the newsletter (e.g. advertised products/services, offers, advertisements, and topics) are described specifically.
  4. When sending the newsletter, we analyse your user behaviour. The newsletters include so-called "web beacons" or "tracking pixels", which are triggered when you open the newsletter. For analysis, we link the web beacons to your email address and an individual ID. Links contained in the newsletter also include this ID. The data is collected exclusively in a pseudonymised manner, meaning the IDs are not linked to your other personal data, thereby excluding direct identification. Using this data, we can determine whether and when you opened the newsletter and which links in the newsletter were clicked. This serves the purpose of optimising and statistically evaluating our newsletter.
  5. The legal basis for sending newsletters, measuring success, and storing email addresses is your consent pursuant to Art. 6 Para. 1 Clause 1 lit. a) GDPR in conjunction with § 7 Para. 2 No. 3 UWG, and for recording consent Art. 6 Para. 1 Clause 1 lit. f) GDPR, as this serves our legitimate interest in legal evidence.
  6. You can object to tracking at any time by clicking the unsubscribe link at the end of the newsletter. However, in such a case, receiving the newsletter will also end. If you deactivate the display of images in your email software, tracking will also be impossible. However, this may restrict some features of the newsletter, and included images may not be displayed.
  7. You can revoke your consent to receive newsletters at any time. You can exercise the revocation by clicking the unsubscribe link at the end of the newsletter, sending an email, or notifying us through the contact details provided above. We store your data as long as you subscribe to the newsletter. After unsubscribing, your data will only be stored anonymously for statistical purposes.

Google AdWords with Conversion Tracking

  1. We use the "AdWords with Conversion Tracking" service (Google Ireland Limited, registration number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) to draw attention to our website through advertisements on third-party websites. When you click on one of our Google ads, a cookie is stored in your browser, which remains valid for approximately 30 days. If you visit our website during this period, we and Google can use the cookie to analyse whether you visited our website and which page you viewed. Google compiles a statistic from this information. We are not fully aware of the scope of the data processing. The data is also transferred to and analysed in the USA. If you are logged into a Google account, AdWords may associate the data with your account. If you do not wish this, you must log out of your Google account before visiting our website. This conversion tracking is used for the purpose of analysing, optimising, and economically operating our advertisements and website.
  2. The legal basis for processing your data is our legitimate interest in analysing, optimising, and economically operating our advertisements and website pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR. Google is certified under the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
  3. You can object to or prevent the installation of cookies by Google in various ways:
    • You can disable cookies in your browser by selecting the "do not accept cookies" setting, which also includes third-party cookies.
    • You can deactivate conversion tracking directly with Google via this link: https://adssettings.google.com. However, this setting will only persist until you delete your cookies.
    • You can disable personalised third-party advertisements participating in the "About Ads" self-regulatory initiative via the link https://optout.aboutads.info for US sites or for EU sites via http://www.youronlinechoices.com/de/praferenzmanagement/. This setting will also only persist until you delete all your cookies.
    • You can permanently disable cookies through a browser plugin for Chrome, Firefox, or Internet Explorer via this link: https://support.google.com/ads/answer/7395996. This deactivation may result in the inability to fully use all the features of our website.
  4. For further information, please refer to Google's privacy policy at https://policies.google.com/privacy?hl=de&gl=de and https://services.google.com/sitestats/de.html.

Facebook Custom Audiences

  1. We use the remarketing function "Custom Audiences" provided by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Facebook is certified under the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework).
  2. If you visit the Facebook social network or other websites utilising this remarketing function, interest-based advertisements ("Facebook Ads") may be displayed to you. We use the remarketing function to optimise and economically operate our website and to show you advertisements relevant to your interests, thereby making our website more user-friendly.
  3. When you access our website, your browser establishes a connection with Facebook's servers. We do not know which data is specifically transmitted to Facebook. However, Facebook receives information that you have accessed or clicked on a corresponding advertisement. If you are logged into your Facebook account at the time, Facebook can associate this information with your account.
  4. The legal basis for this is our legitimate interest in data processing for the purposes outlined above, pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR.
  5. Regarding data processing by Facebook, please refer to Facebook's privacy policy at https://www.facebook.com/policy.php. Specific information and details about the Facebook Pixel and its functionality can be found in Facebook's help section: https://www.facebook.com/business/help/651294705016616.
  6. Deactivation of the "Facebook Custom Audiences" function is possible for non-logged-in users here [__Insert Facebook Pixel opt-out link for your website here__] and for logged-in users via this link: https://www.facebook.com/settings/?tab=ads#.
  7. Further information regarding data processing by Facebook is available at https://www.facebook.com/about/privacy.

Google Maps

  1. We have integrated maps from "Google Maps" (Google Ireland Limited, registration number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) into our website. This enables us to display the location of addresses and provide directions directly on our website through interactive maps, allowing you to use this tool.
  2. When accessing our website where Google Maps is integrated, a connection is established to Google's servers in the USA. During this process, your IP address and location may be transmitted to Google. Additionally, Google receives information that you have accessed the relevant page. This occurs even if you do not have a Google user account. If you are logged into your Google account, Google may associate the aforementioned data with your account. If you do not wish for this to happen, you must log out of your Google account. Google creates user profiles from such data and uses this information for advertising purposes, market research, or optimisation of its websites.
  3. The legal basis for this is our legitimate interest in data processing for the aforementioned purposes pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR.
  4. You have the right to object to Google concerning the creation of user profiles. Please contact Google directly via the privacy policy mentioned below. An opt-out objection regarding advertising cookies can be made in your Google account here: https://adssettings.google.com/authenticated.
  5. The terms of use for Google Maps at https://www.google.com/intl/de_de/help/terms_maps.html and Google's privacy policy for advertising at https://policies.google.com/technologies/ads provide further information about the use of Google cookies and their advertising technologies, storage duration, anonymisation, location data, functionality, and your rights. General Google privacy policy: https://policies.google.com/privacy.
  6. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is thus obligated to comply with European data protection laws.

Presence on Social Media

  1. We maintain profiles or fan pages on social media to communicate with connected and registered users and to provide information about our products, offers, and services. US providers are certified under the so-called Privacy Shield and are thus obligated to comply with European data protection laws. When you use or access our profile on the respective network, the respective network's privacy notices and terms of use apply.
  2. We process the data that you send us via these networks to communicate with you and to respond to your messages on these platforms.
  3. The legal basis for processing personal data is our legitimate interest in communicating with users and our public representation for advertising purposes pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR. If you have granted consent to the social network operator for the processing of your personal data, the legal basis is Art. 6 Para. 1 Clause 1 lit. a) and Art. 7 GDPR.
  4. The privacy notices, information access options, and opt-out options of the respective networks can be found here:

Social Media Plug-ins

  1. We use social media plug-ins from social networks on our website. For this, we use the so-called "two-click solution"-Shariff by c’t or heise.de. When accessing our website, no personal data is transmitted to the plug-in providers. Next to the logo or brand of the social network, you will find a toggle switch that allows you to activate the plug-in with a click. After activation, the social network provider receives information that you have visited our website, and your personal data is transmitted to and stored by the plug-in provider. These are referred to as third-party cookies. According to some providers, such as Facebook and XING, your IP address is immediately anonymised after its collection.
  2. The data collected from users is stored by the plug-in provider as usage profiles. These are used for purposes such as advertising, market research, and/or customising their website to user needs. This analysis particularly applies (even for users who are not logged in) to display advertisements tailored to needs and to inform other users of the social network about the user's activities on our website. Users have the right to object to the creation of these user profiles, and this right must be exercised by contacting the respective plug-in provider.
  3. The legal basis for the use of plug-ins is our legitimate interest in improving and optimising our website through increased visibility via social networks, as well as the ability for interaction between you and other users on social networks pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR.
  4. We have no influence over the data collected or processing operations. Additionally, we have no knowledge of the scope of data collection, the purpose of processing, or retention periods. We also have no information regarding the deletion of collected data by the plug-in provider.
  5. Regarding the purpose and scope of data collection and processing, please refer to the respective privacy policies of the social networks. There, you will also find information about your rights and settings options to protect your personal data.

Facebook

  1. We have integrated plug-ins from the social network Facebook.com (EU headquarters: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) into our website using the so-called "two-click solution" by Shariff. These can be identified by the Facebook logo "f" or the labels "Like", "Gefällt mir", or "Share".
  2. Once you voluntarily activate the Facebook plug-in, a connection is established between your browser and Facebook's servers. Facebook then receives information, including your IP address, that you have visited our website, and transmits this information to Facebook's servers in the USA, where it is stored. If you are logged into your Facebook account, Facebook can associate this information with your account. When using the plug-in's functions, such as pressing the "Like" button, this information is also transmitted from your browser to Facebook's servers in the USA, where it is stored and displayed on your Facebook profile and possibly shared with your friends.
  3. The purpose and scope of data collection, as well as its further processing and use by Facebook, along with your associated rights and options for protecting your privacy, can be found in Facebook's privacy notices: https://www.facebook.com/about/privacy/. Data collection regarding the "Like" button: https://www.facebook.com/help/186325668085084. You can manage your settings regarding the use of your profile data for advertising purposes on Facebook here and raise objections: https://www.facebook.com/ads/preferences/.
  4. If you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be linked to your Facebook profile when activating the plug-in.
  5. You can also prevent the loading of the Facebook plug-in using the so-called "Facebook Blocker", which can be installed as an add-on for your browser: Facebook Blocker for Firefox, Chrome, and Opera, or 1blocker for Safari, iPad, and iPhone.
  6. Facebook is certified under the Privacy Shield and thus ensures compliance with European data protection laws: https://www.privacyshield.gov/EU-US-Framework.

Data Protection in Applications and Recruitment Procedures

  1. Applications sent electronically or by post to the responsible party are processed electronically or manually for the purpose of handling the recruitment process.
  2. We explicitly point out that application documents containing "special categories of personal data" as per Art. 9 GDPR (e.g. a photo revealing your ethnic origin, religion, or marital status), with the exception of a potential severe disability you may choose to disclose voluntarily, are not desired. You should submit your application without such data. This does not affect your chances as an applicant.
  3. The legal bases for processing are Art. 6 Para. 1 Clause 1 lit. b) GDPR and § 26 BDSG (Federal Data Protection Act) in its new version.
  4. If an employment relationship is established with the applicant after the completion of the recruitment process, the applicant data will be stored in compliance with relevant data protection regulations. If no position is offered following the recruitment process, your submitted application documents, along with any related materials, will be deleted six months after the rejection is sent to comply with any potential claims and evidence obligations under the German General Equal Treatment Act (AGG).

Rights of the Data Subject

  1. Objection or Withdrawal of Consent to Data Processing
    If the processing of your data is based on your consent pursuant to Art. 6 Para. 1 Clause 1 lit. a), Art. 7 GDPR, you have the right to withdraw your consent at any time. The lawfulness of the processing carried out based on the consent until its withdrawal remains unaffected.

    If we base the processing of your personal data on the balance of interests pursuant to Art. 6 Para. 1 Clause 1 lit. f) GDPR, you have the right to object to the processing. This is particularly the case if the processing is not necessary for fulfilling a contract with you, as detailed in the respective description of functions below. If you object, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adjust the data processing, or explain our compelling legitimate reasons for continuing the processing.

    You can object to the processing of your personal data for advertising and data analysis purposes at any time. This right to object is free of charge. Please inform us of your objection to advertising using the following contact details:

    LUMESCA GmbH
    Gablonzer Straße 28a
    76185 Karlsruhe
    Managing Directors: Geoffrey Clements, Mathias Ruder
    Commercial Register/No.: B 107858
    Registration Court: Mannheim
    Email Address: info@grafipress.de
  2. Right of Access
    You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have the right to access your personal data stored with us pursuant to Art. 15 GDPR. This includes information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned retention period, and the origin of your data if it was not collected directly from you.
  3. Right to Rectification
    You have the right to have incorrect data corrected or correct data completed pursuant to Art. 16 GDPR.
  4. Right to Deletion
    You have the right to request the deletion of your data stored with us pursuant to Art. 17 GDPR, unless legal or contractual retention periods or other legal obligations or rights require further storage.
  5. Right to Restriction
    You have the right to request a restriction on the processing of your personal data if one of the conditions under Art. 18 Para. 1 lit. a) to d) GDPR is met:
    • If you contest the accuracy of the personal data concerning you for a period that allows the data controller to verify its accuracy;
    • If the processing is unlawful and you oppose the deletion of the personal data, requesting instead the restriction of its use;
    • If the data controller no longer needs the personal data for processing purposes, but you require it to assert, exercise, or defend legal claims; or
    • If you have objected to processing pursuant to Art. 21 Para. 1 GDPR and it is not yet clear whether the legitimate grounds of the data controller outweigh your reasons.

Rights of the Data Subject

  1. Right to Data Portability
    You have the right to data portability pursuant to Art. 20 GDPR, which means you can receive the personal data stored with us concerning you in a structured, commonly used, and machine-readable format or request its transfer to another responsible party.
  2. Right to Lodge a Complaint
    You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in the Member State of your residence, place of work, or location of the alleged infringement.

Data Security

To protect all personal data transmitted to us and to ensure compliance with data protection regulations by us as well as our external service providers, we have implemented appropriate technical and organisational security measures. For this reason, all data transmitted between your browser and our server is encrypted using a secure SSL connection.

Last Updated: 03/06/2019

Source: Sample Privacy Policy by JuraForum.de

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