We are committed to the protection of your personal data. We therefore process your personal data exclusively on the basis of the statutory provisions (EU GDPR, e-Privacy Directive, Data Protection Act [DSG] and the Telecommunications Act [TKG] of 2003). This Privacy Statement informs you of how we process your data at our company and on our website.
If you contact using the form on the website or by email, the data you provide will be stored by us for six months in order to process your enquiry and for the event that there are additional questions. We do not disclose this data without your consent.
2. Data processing by Lecapell GmbH
2.1 Data controller
As controller, Lecapell GmbH collects, processes and uses personal data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG) exclusively for the purposes of its own operations as a service provider. Pursuant to the provisions of the GDPR, we are providing you with the following information about us as the controller:
Lecapell GmbH, Inkobastrasse 2, 4730 Waizenkirchen
Email: info [at] lecapell.com
Phone: +43 7277 395 39
Fax: +43 7277 395 39 90
2.2 Purpose of processing, legal bases and rights of the controller
Lecapell GmbH processes personal data primarily within the context of a business relationship with the data subject or with a company that is represented by the data subject. This mainly involves contractual relationships and, when enquiries are placed by the data subject, measures prior to entering into a contractual relationship (Art. 6(1) point b) GDPR). This data includes the name of the data subject, their contact details (such as email address, telephone number, residential address) and account details, possibly also information concerning creditworthiness, and, where necessary, social insurance details and information provided by the data subject in connection with contractual performance. This data is exchanged by the controller, its processor and the data subject in the form of documents, deeds and correspondence.
Personal data is also processed where such is necessary for compliance with a legal obligation to which Lecapell GmbH is subject (for instance various storage obligations relating to accounting, obligations as an employer to notify social insurance agencies and others; Art. 6(1) point c) GDPR) or where processing is necessary for the performance of a task carried out in the public interest (Art. 6(1) point e) GDPR). This processing relates in particular to business correspondence and all documents that are relevant to tax law that address the contractual relationship with the data subject, as well as social insurance data that is obtained within the framework of the employment relationship.
Personal data is also processed with the consent of the data subject, which can be withdrawn at any time (Art. 6(1) point a) GDPR). This involves the processing of all personal data concerning the data subject, insofar as the data subject has consented to this processing.
Processing takes place furthermore to ensure the necessary, proportionate safeguarding of the legitimate interests of Lecapell GmbH as the controller (Art. 6(1) point f) GDPR) and in particular for the establishment, exercise or defence of legal claims, the implementation of direct marketing (marketing and information measures, especially concerning the services offered by the controller), IT security and technical administration, as well as for purposes of file, customer and supplier management. In this regard, processing involves all data processed within the framework of the contractual relationship, where such is necessary for fulfilment of the designated purpose.
Any transfer of personal data to subsidiaries of Lecapell GmbH takes place on the basis of Art. 49(1) points b), c) or e) GDPR (performance of a contract with the data subject and in the interests of the data subject, as well as transfer for the establishment, exercise or defence of legal claims).
2.3 Potential recipients of personal data
The categories of recipients within the meaning of Art. 13(1) point e) GDPR are as follows:
- subsidiaries of Lecapell GmbH domiciled in Mexico (Lecapell de Mexico S.A. de C.V.; AV. Delta 601, 37545 León, Gto), Uruguay (Lecapell Uruguay S.A.; Ruta 1 Vieja, Ciudad del Plata) and China (Lecapell Automotive Interior Nantong Co., Ltd; No. 1088, Jiangcheng Road, Su-Tong);
- processors contracted by the controller (IT and back office service providers, bookkeepers, payroll accountants, tax advisers and auditors);
courts of law (primarily in the event of disputes with customers and suppliers) and government agencies (tax offices and others), as well as opposing parties in court action or administrative procedures;
(court or out-of-court) experts;
third-party providers and cooperation partners (credit card issuers, banks, proxies, corresponding law firms);
lawyers and law firms retained by the controller to review or consult regarding legal issues.
2.4 Storage and retention of personal data
The personal data is stored for as long as is necessary for the complete fulfilment of the business relationship (from initial contact and measures prior to entering into a contract, to performance and termination of the contract) as well as for compliance with legal obligations in accordance with the defined retention and documentation regulations (for instance the 7-year retention obligation for contracts, other documents and related correspondence pursuant to the Austrian Commercial Code [UGB], the Federal Fiscal Code [BAO], the Value-added Tax Act [UStG] and others).
Moreover, personal data is stored for the establishment, exercise and defence of legal claims, whereby the statutory limitation periods set out in the Austrian General Civil Code [ABGB] must be taken into account as they may require the storage of necessary documents for up to 30 years after termination of the contractual relationship.
Data belonging to candidates who are not recruited will be erased seven months after completion of the application process, except where consent was provided to keep this data for the purposes of evidence. Where applicants are recruited, their personal data will be stored until the end of the employment relationship or for longer if the purposes set out in the paragraph above apply.
In the event that consent is provided (especially to the receipt of electronic messages), the data shall be stored until consent is withdrawn by the data subject, which is permitted at any time. The withdrawal of consent shall not affect the lawfulness of processing carried out prior to this point in time.
2.5 Rights of the data subject
Data subjects have the following rights according to the GDPR, except where the limitations set out in the individual provisions apply:
- right of access (Art. 15 GDPR),
- right to rectification (Art. 16 GDPR),
right to erasure (Art. 17 GDPR),
right to restriction of processing (Art. 18 GDPR),
right to data portability (Art. 20 GDPR),
right to object to processing (Art. 21 GDPR),
right to lodge a complaint with a supervisory authority (Art. 77 GDPR, especially with the Austrian Data Protection Authority [DSB]),
right to withdraw consent to the processing of personal data at any time (Art. 7(3) GDPR), without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
These rights can be exercised by contacting the controller using the details provided under Sec. II.1. The controller shall be available to respond to queries at all times.
2.6 Right to object and direct marketing
Where personal data is processed according to Art. 21(2) GDPR for direct marketing purposes, the data subject shall have the right to object at any time to processing of their personal data. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
2.7 Obligation to provide personal data
The provision of personal data is required by law or is based on a contractual obligation. The data subject is therefore obligated to provide personal data, and a refusal to do so may lead to a rejection of the business relationship.
2.8 Personal data that is not obtained from the data subject (Art. 14 GDPR)
Lecapell GmbH (refer to Sec. II.1. for the contact details) may, in its capacity as controller, collect personal data in individual cases from sources other the data subject. This information will be obtained exclusively from publicly accessible databases, from customers/suppliers, from rating agencies or from subsidiaries:
- company register data from various bodies authorised by the Ministry of Constitutional Affairs, Reforms, Deregulation and Justice [BMVRDJ], including lexunited, IMD and others; land register data from courts, notaries or on the internet; data concerning the data subject’s trade operations from the Austrian government’s trade information system GISA
- credit rating data concerning payment history (by placing enquiries with KSV, AKV, ÖVC, ISA)
- insolvency data (especially from the Austrian government’s electronic court noticeboard)
- data registered with the individual registration authorities (local authorities, municipal authorities for statutory cities, i.e. the municipal district office in Vienna)
information concerning the data subject obtained from search engines, social networks and various websites
information obtained from customers/suppliers or their business partners concerning contact, payment history and business relationships where the data subject is an opposing party to Lecapell GmbH
information concerning data subjects obtained from subsidiaries of Lecapell GmbH domiciled in Mexico (Lecapell de Mexico S.A. de C.V.; AV. Delta 601, 37545 León, Gto), Uruguay (Lecapell Uruguay S.A.; Ruta 1 Vieja, Ciudad del Plata) and China (Lecapell Automotive Interior Nantong Co., Ltd; No. 1088, Jiangcheng Road, Su-Tong).
The data concerning the data subject that is collected and stored from these sources by Lecapell GmbH is restricted to contact details (email address, telephone number, postal address), any information concerning functions and assignment/responsibility within the organisation, data regarding professional track record, whereby this may involve the collection of publicly accessible information about the data subject concerning their professional and educational history, as well as data contained in contractual documents and associated records.
Processing of this data takes place based on the overriding, legitimate interest of Lecapell GmbH in efficient communication for business purposes and in order to ensure proper applicant management (Art. 6(1) point f) GDPR). The data processed by Lecapell GmbH in this way will be stored for the periods set out in Section II.4.
Where data is obtained from third parties, the data subject shall be entitled to exercise the same rights against the controller as those that are set out in Section II.5.
3. Data processing by Lecapell GmbH in connection with its website
Lecapell GmbH uses the following types of cookies:
- hide-loader, query as to whether the loading animation has already been shown (and therefore will not be displayed again); expires after 1 day
3.2 Web analysis
Users can prevent the installation of the cookies by adjusting the settings of their browser software (all standard browsers provide this option). There are also tools available to prevent tracking by Google Analytics. The user can download these tools from https://tools.google.com/dlpage/gaoptout?hl=de. Users can also prevent the collection of the data generated by cookies and relating to website usage (including the IP address), as well as the processing of this data by Google, by sending the media owner a notice of objection by email.
The website can be used without restriction, even if the user installs the aforementioned tools, makes appropriate adjustments to the browser settings to reject cookies or submits a notice of objection.
Processing of data collected from the user takes place based on consent (which is assumed according to the browser settings or obtained by request upon first access), which may be withdrawn at any time where the legal requirements are satisfied, as well as based on the legitimate interest of Lecapell GmbH (improvement of the website offering and user-friendliness), whereby users have a right to object pursuant to Art. 21 GDPR.