Data Protection Information

Information on the Processing of Personal Data in accordance with Art. 13 GDPR This data protection information applies to the data processing carried out by LAVO Germany GmbH concerning all individuals with whom we are in contact, such as customers, prospects, or applicants.

1. Name and contact details of the controller

LAVO Germany GmbH c/o WeWork Kemperplatz 1
10785 Berlin
Germany

2. Processing of personal data

When you contact us and provide us with personal data (any information relating to an identified or identifiable natural person), we process this data. This occurs, for example, when you write to us, contact us by phone, hand over a business card, apply to us, or provide us with your personal data through other means.

Contact with you:
When you contact us, we process the following information (as provided by you):

• Title, First name, Last name


• Company


• Email address


• Address


• Phone number (landline and/or mobile) Bank account information


• Invoice data

Applicants:
If you apply to us for a position, we process the following categories of personal data (as provided by you):

• Title, First name, Last name


• Email address


• Address


• Phone number (landline and/or mobile)


• Qualification-related documents, especially certificates, education and training information contained in the curriculum vitae


• Photos attached to the application documents


• Salary expectations


• Channel through which you became aware of us


• Other information you have included with the application documents

In the course of the application process, additional personal data may be processed. This may include, for example, the recording of information you provide during job interviews or evaluations made by us. In addition, we may process additional personal data that we have obtained from other publicly accessible sources (e.g., professional networks), to the extent that this data is necessary for processing your application.

Regarding your consent:
If you have separately given us consent, for example, for contact regarding marketing measures, the consents will be logged in order to be able to provide evidence in accordance with legal requirements. This includes the time of consent along with our preceding request, the IP address used if applicable, the personal data provided by you, such as title, first name, last name, company, address, email address, phone number (landline and/or mobile), as well as the text of the privacy notice accompanying the request for consent.
__
Right to withdraw your consent:__
You can withdraw your consent at any time with effect for the future in accordance with Art. 7(3) GDPR, for example, by sending an email with the subject line "Withdrawal of consent" to the email address provided in our contact details (Item 1)

3. Purposes and legal bases of the processing

Purposes of processing:
We process the aforementioned data for the following purposes:
• To maintain you as our contact
• To make offers to you
• To send you product information
• To be able to answer your questions
• To exchange information with you
• To contact you as part of our marketing measures (e.g., for specialist information,
event notices, news about our product range)
• If you have contacted us for the purpose of concluding a contract regarding our
products and services (prospective customer/customer), we also process your personal data for the purposes of contract initiation, contract performance, contract fulfillment, as well as for carrying out pre-contractual measures, including, among others:
• To deliver or provide our products or services to you
• For invoicing
• For handling any existing liability claims and asserting or defending claims.
• The processing of personal data in connection with your application with us is
carried out for the purpose of conducting the application process.
• If you have given us consent, for example, for contact regarding marketing
measures via email

If you have provided consent, we will use the personal data you provided in this context to fulfill the purpose specified in the consent (e.g., sending newsletters). If we intend to enter into economic cooperations with third parties (e.g., a merger with another company), we may process your personal data provided under section 2 for this purpose. This may involve transmitting your data to our potential cooperation partners for the purpose of examining the economic viability and feasibility of an economic cooperation. We will only process your data for this purpose to the extent necessary and legally permissible to protect our legitimate interests in realizing the economic cooperation.

4. Legal bases for processing:

Data processing in connection with the conclusion of a contract for our products and/ or services is based on Art. 6(1)(b) of the General Data Protection Regulation (GDPR).

The legal basis for data processing in the context of the application process is § 26(1) of the Federal Data Protection Act (BDSG).
If you have separately given consent for data processing, this processing is based on Art. 6(1)(a) and Art. 7 of the GDPR.

If necessary and legally permissible, we also process your data to fulfill legal obligations (e.g., legal retention obligations) in accordance with Art. 6(1)(c) of the GDPR. Furthermore, the legal basis for data processing is determined by Art. 6(1)(f) of the GDPR. Our legitimate interest follows from the purposes listed above.

5. Duration of data processing:

We only store your data for as long as necessary to fulfill the purpose of processing your data, e.g., for contract processing, responding to your inquiries, and/or considering any objections to advertising. If we process your data for the purpose of enforcing and defending civil law claims arising from contractual and legal obligations with you, we will store your data until the end of the year following the expiration of the limitation period for all mutual claims. If we have processed your data in the context of an application process that did not lead to an employment relationship with us, we will delete this data six months after the end of the application process. In the event that you have given us consent for data processing, we will store your data until you revoke your consent. If you do not revoke your consent, we will delete your data in any case five years after our last contact. [Even though there is no "expiration date" for consents, it is advisable to include an upper limit here. We consider five years to be acceptable as an upper limit, but it can also be shorter. Since you are currently not working with consents, you can write whatever you want for now, but please keep it in mind for the future if you start using newsletters or similar.]The above-mentioned retention periods do not apply if there are legal provisions (e.g., retention periods) that require a longer storage period. We are subject to various legal obligations to retain and document data, which arise, among other things, from the Tax Code (AO) and the Commercial Code (HGB). The prescribed retention/documentation periods there range from two to ten years, depending on the type of documents.

Transmission to a third country:
As a subsidiary, we distribute products and services of LAVO Hydrogen Storage Technology Pty Ltd, Level 9/120 Sussex St, Sydney NSW 2000 ("LAVO Australia") and cooperate closely with them regarding our range of services. This may require us to transmit your personal data to LAVO Australia.
Australia is a third country within the meaning of Art. 44 of the GDPR for which the European Commission has not yet determined an adequate level of data protection corresponding to, that it has an adequate level of data protection in accordance with European requirements (so-called adequacy decision). Therefore, the transfer of data to Australia usually requires special admissibility requirements.

The transfer of your personal data mentioned above to LAVO Australia is generally subject to the exemption provision according to Art. 49 GDPR. Therefore, for example, the transfer to LAVO Australia is permissible if you have expressly consented to it or if it is necessary for the performance of a contract between you and us, at your request for the fulfillment of pre-contractual measures and/or for the fulfillment of contractual obligations between LAVO Australia and us in your interest. This is often the case as you cannot use the products and services offered by LAVO Australia, which are mediated by us, without the transfer of data to LAVO Australia. Therefore, if the requirements of Art. 49 GDPR are met, i.e. if the transfer of your data is necessary, for example, for us to fulfill the contract between you and us regarding services of LAVO Australia (e.g. an order placed with LAVO Australia through us), we will transfer your data to LAVO Australia. The processing of personal data transmitted by us to LAVO Australia is governed by the privacy information of LAVO Australia, available at: https://www.lavo.com.au/terms-and-conditions.

Furthermore, we will only transfer your data to third countries if the requirements of Art. 44 ff. GDPR are met.

6. Other recipients of data

We only disclose your personal data within our company to the departments and individuals who need this data to fulfill the purposes stated above. Except for the transfer to LAVO Australia described under point 5, your personal data will not be transferred to third parties outside our company for purposes other than those listed below.

We will only disclose your personal data to third parties if:

• you have given your explicit consent in accordance with Art. 6(1)(a) GDPR,


• it is legally permissible and necessary for the performance of contractual
  relationships with you in accordance with Art. 6(1)(b) GDPR.


• there is a legal obligation to disclose the data in accordance with Art. 6(1)(c) GDPR,
  or


• disclosure is necessary for the assertion, exercise, or defense of legal claims or for other legitimate interests pursued by us in accordance with Art. 6(1)(f) GDPR (e.g. for the realization of an economic cooperation), and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your data.

To the extent necessary and permissible within the aforementioned purposes, we may transfer your data to the tax authorities, tax advisors, auditors, or other consultants, logistics service providers, fee agencies or payment service providers, and potential cooperation partners, among others.

In addition, we use the support of external service providers, so-called processors, in certain areas to whom we may disclose your data. The processors may only use your data for the purposes specified by us, are carefully selected, and are regularly reviewed by us to ensure the protection of your data. We have concluded data processing agreements with all service providers in accordance with Art. 28 GDPR, and the service providers process your data exclusively on the basis of our instructions.

7. Your rights as a data subject

Subject to the legal requirements, you have the right with regard to your personal data:

• to request information pursuant to Art. 15 GDPR about the personal data processed
  by us;


• to request without undue delay the correction of inaccurate or completion of your personal data stored by us pursuant to Art. 16 GDPR;


• to request the immediate deletion of your personal data stored by us in accordance with Art. 17 GDPR;


• request the restriction of the processing of your personal data in accordance with Art. 18 GDPR;


• request to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format, and to request the transmission of this data directly to another controller, to the extent technically feasible, in accordance with Art. 20 GDPR;


• object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Art. 6(1)(e) or (f) GDPR. After your objection, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or unless the processing serves the establishment, exercise, or defense of legal claims;


• revoke your consent given to us at any time in accordance with Art. 7(3) GDPR. This will result in us no longer being able to continue the data processing based on this consent in the future. The revocation does not affect the lawfulness of the processing carried out based on the consent until the revocation;


• lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority at your habitual residence, place of work, or our registered office for this purpose.

To exercise your rights, please contact us, for example, by email using the email address provided in our contact information (item 1).

8. Current Status of this Privacy Information

This privacy information is currently valid and is as of June 2023. If we make any changes to this information, the updated text will be communicated to you upon further contact with us.