Privacy Policy & Terms of Use
LCM Digital Plattform 2.0
(Web-Application & Mobile App)
Privacy Policy
In this privacy policy for End Users ("Privacy Policy for End Users"), LCM Digital GmbH explains how LCM Digital GmbH processes personal data of End Users on behalf of the Licensee on the LCM Digital web application or the LCM Digital mobile app (collectively the "LCM Digital Platform"). Licensee in the sense of this Privacy Policy is the organisation or person through which you have obtained access to the LCM Digital Platform.
1. Responsible
LCM Digital GmbH licenses the LCM Digital Platform to Licensees. These Licensees are controllers within the meaning of the EU General Data Protection Regulation ("GDPR") for the processing of the End Users' personal data in connection with the LCM Digital Platform.
LCM Digital GmbH processes the data collected in the course of using the LCM Digital platform on behalf of the LCM Digital Licensees. If you have any questions about the processing of your data, you can therefore contact the data protection officer of LCM Digital GmbH directly:
Contact details of the Data Privacy Officer:
PROLIANCE GmbH
Leopoldstr. 21
80802 München
datenschutzbeauftragter@datenschutzexperte.de
When contacting the Data Protection Officer, please identify the Licensee whose access you are using to work with the LCM Digital platform. Please refrain from enclosing sensitive information such as a copy of an ID card with your request.
In addition, you can of course also contact the data protection officer of the LCM Digital Licensee itself.
2. Processing of personal data
2.1 Personal data
"Personal data" means any information relating to an identified or identifiable natural person (Article 4 No. 1 GDPR).
This includes, in particular, the e-mail address and all other registration data that End Users provide when registering for the LCM Digital platform, as well as data that end users create, post or upload in the LCM Digital licensee account ("Personal Data").
2.2 Processing of personal data
"Processing" means, inter alia, any collection and recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure of personal data (Article 4(2) GDPR).
In part, the processing of Personal Data of End Users is necessary to operate the LCM Digital platform or to manage the user relationship. Other Personal Data is processed by LCM Digital GmbH for the Licensee on the basis of legitimate interests.
Specifically, LCM Digital GmbH processes the following categories of Personal Data for the following purposes:
2.2.1 Registration on the LCM Digital Platform
When End Users register for the LCM Digital Platform, LCM Digital GmbH processes on behalf of the Licensee their picture, first name, last name, title, company, state, email address, country, city, date of birth, telephone number, mobile number, address, password and preferred language, which the End User enters in the registration form ("Registration Data"), for the purpose of registration, i.e. the creation of access for the LCM Digital Platform.
2.2.2 Operation of the LCM Digital Platform
In order to provide the LCM Digital Platform to End Users, LCM Digital GmbH processes the End Users' Registration Data on behalf of the Licensee.
2.2.3 IT security
In order to ensure the secure operation of the LCM Digital platform, LCM Digital GmbH also processes the information which browser the End User uses when visiting the LCM Digital platform, their login activities and the IP addresses used by means of log files for the licensee.
2.2.4 Management of the usage relationship
For the administration of the user relationship, LCM Digital GmbH processes the Registration Data of End Users for the licensee.
2.2.5 Email notifications and push messages
In addition, LCM Digital GmbH processes the Registration Data of End Users on behalf of the Licensee in order to provide them with information as part of the provision of the LCM Digital platform (e.g. a welcome e-mail, information about new functionalities or to manage the user relationship).
2.2.6 Content upload
End users can enter, create and upload content (e.g. calendar details, trade affiliation, team affiliation, work orders, actions, photos) containing their own Personal Data or Personal Data of other End Users on the LCM Digital Platform within the framework of the functionalities contained therein, via free text fields and upload areas. LCM Digital GmbH processes this Personal Data on behalf of the Licensee in order to provide the communicative and collaborative functionalities of the LCM Digital platform and to give End Users an overview in project management dashboards and statistics, e.g. general project information and/or pending and completed work orders.
2.2.7 Support requests
When End Users submit support requests to the relevant support office, LCM Digital GmbH processes their Registration Data on behalf of the Licensee for the purpose of processing and responding to the support request.
3. Legal basis
The legal basis for the processing is the licensee's overriding legitimate interest in providing End Users with a secure and functioning service of the LCM Digital platform (Article 6 lit. f DSGVO).
In particular, the Licensee has an overriding legitimate interest in processing the Personal Data that End-Users have posted, created or uploaded in order to make the functionalities and planning results on the LCM Digital platform accessible to all its End-Users (Article 6(1) lit. f DSGVO). This does not conflict with the interests of the End Users concerned, as no sensitive private data is processed and they have accepted the terms of use for the LCM Digital platform. These terms of use describe the communication and collaboration functionalities of the LCM Digital Platform that are necessary for the contractual functioning of the LCM Digital Platform; by accepting these terms of use, the respective End User undertakes in particular not to create, post or upload any content that infringes personal rights.
4.How long does LCM Digital GmbH store this Personal Data for the Licensee?
LCM Digital GmbH processes the data referred to in section 2 for the Licensee for the aforementioned purposes, as well as to fulfil legally prescribed retention obligations or to defend against or assert legal claims.
5. How does LCM Digital GmbH share this Personal Data with third parties?
As far as necessary, the contents of the platform are available to other End Users. Furthermore, Personal Data of End Users will only be passed on to third parties by LCM Digital GmbH in the following cases:
LCM Digital GmbH uses external and independent service providers (e.g. cloud or hosting providers) to support LCM Digital GmbH in operating the LCM Digital platform. LCM Digital GmbH has carefully selected these service providers and, where required by law, has concluded so-called data processing agreements.
If LCM Digital GmbH commissions other companies to carry out tasks within the framework of data processing agreements and forwards Personal Data for this purpose, these companies are obliged to protect the forwarded Personal Data and to use it only for the purposes agreed in the respective order processing agreements.
In cases where LCM Digital GmbH transfers Personal Data to countries outside the EU / EEA, this is only done on the basis of sufficient security measures that ensure an appropriate level of data protection.
End users can request further information, e.g. copies of the respective security measures.
6. What security measures are taken?
LCM Digital GmbH takes appropriate technical and organisational security measures to protect the Personal Data of End Users from unlawful destruction, loss, alteration or unauthorised disclosure to third parties.
7. Rights of End Users
As a data subject, you have the right to information, correction, deletion, restriction of processing and data portability in accordance with Art. 13 (2) b)-d) DSGVO. End users can assert their rights directly with LCM Digital GmbH or the LCM Digital licensee. In addition, you have the right to object to processing for the protection of legitimate interests if reasons arise from your particular situation that speak against data processing. We will then no longer process the Personal Data in the event of a justified objection. If you feel that your rights have been violated by the collection, processing or use of your Personal Data, you can submit your complaint to the competent data protection supervisory authority.
Status: March 2023
TERMS OF USE LCM DIGITAL 2.0
- Scope
1.1 A prerequisite for the use of the LCM Digital Platform is the existence of an effective license agreement for the use of the Platform ("License Agreement"). The following terms and conditions apply to the use of the LCM Digital Platform ("LCM Digital Platform") by all end users, including those who are admitted as users by the licensee of LCM Digital.
1.2 These Terms of Use for End Users shall also apply if the End User accesses the LCM Digital Platform via a redirect from a third-party website or via hyperlink from an email invitation, such as via his employer's offer.
- Operation of the LCM Digital Platform and provision of End User Content.
LCM Digital operates the LCM Digital Platform as Software as a Service (SaaS) and makes the LCM Digital Platform available for use by End Users. The content and data on the LCM Digital Platform are uploaded and made available by End Users ("End User Content"). LCM Digital therefore has no control over the accuracy and completeness of the End User Content.
- Use of the LCM Digital Platform
3.1 LCM Digital grants the End User the non-exclusive, non-transferable and non-sublicensable right to use the LCM Digital Platform and the functions provided thereon for the management of processes and workflows during the term of the usage relationship. For downloads and file exports in accordance with the contract, this right of use shall apply for an unlimited period of time.
3.2 The End User is thus entitled to upload and make visible project data and to view process planning and action lists within the scope of the functionality provided on the LCM Digital Platform and to edit such data in line with the rights granted according to the respective user role.
3.3 Any further use of the LCM Digital Platform and the content made available thereon is not permitted.
3.4 In particular, it is not permitted to sell, rent, lend, sublicense or otherwise distribute, reproduce, copy, make publicly available, edit or translate, reverse engineer or make other modifications to the LCM Digital Platform or any content on it, in whole or in part.
3.5 The LCM Digital Platform contains functionalities that enable users to communicate with each other. The user agrees to this communication within the framework of the LCM Digital platform. LCM Digital is entitled to communicate with Users via push messages and emails for the purpose of providing the LCM Digital Platform services.
3.6 The right to make changes to the data, the structure of the data or the data format is reserved.
- Obligations of the end user
4.1 Information, images and files that the End User posts on the LCM Digital Platform may:
- be used exclusively in an appropriate, open, but at the same time respectful manner;
- not defame, disparage, threaten, harass or stalk others; or
- not be misused for spam, advertising of any kind or other commercial interests or for calls for political protests.
4.2 The End User is further obliged to always use the latest version of the web application (accessible via https://share.lcmdigital.com) and the App provided by LCM Digital and, in particular, to install all updates, upgrades and new versions of the App immediately upon availability.
4.3 By uploading content, the End User grants LCM Digital the sub-licensable and transferable right to store, edit and change the order of this content, to technically convert it, to convert it into another format as well as to use special fonts for mobile devices, as well as to make this content available to other End Users which have access to the same account.
4.4 LCM Digital is entitled to reject, block or, if necessary, delete content with immediate effect without giving reasons.
4.5 The user relationship is personal and non-transferable. The chosen password must be kept safe and protected against any misuse by third parties. In case the access is misused by third parties, the end user is obliged to inform LCM Digital immediately. It is expressly forbidden to pass on the access data to third parties and / or to allow third parties to use the end user account.
- Support
Support requests (e.g. malfunction or failure reports) must be sent by the end user via e-mail to support@lcmdigital.com.
- Privacy Policy
End users can find details on the processing of their personal data in the privacy policy for end users [https://www.lcmdigital.com/privacy-policy-lcmd-2-0-lcm-digital].
- Term of the user relationship
7.1 The term of the usage relationship based on these Terms of Use for End Users shall commence upon confirmation of the End User's registration on the LCM Digital platform by LCM Digital.
7.2 The End User may terminate the usage relationship at any time without giving reasons in text form (e.g. by e-mail) or by activating the account delete function in the respective End User account.
7.3 The usage relationship shall continue until:
- the End User terminates the usage relationship;
- the licensee of LCM Digital blocks the access of the end user or
- the license agreement is terminated, whichever occurs earlier.
7.4 Upon termination of the User Relationship, the End User Account shall be deactivated. The End User Content uploaded by the End User shall be stored by LCM Digital until the termination of the contractual relationship with the Customer.
7.5 The right to extraordinary termination remains unaffected. In particular, LCM Digital is entitled to extraordinarily terminate the user relationship with the end user if the end user violates his obligations under these terms and conditions.
LCM Digital GmbH
Stand: Juli 2022
