DATA PRIVACY INFORMATION

Data protection is very important for the management of the IK3 SARL. The use of the Internet pages of the IK3 SARL is possible without any indication of personal data; however, if you to use specific services via our website, we might need to process your personal data. If the processing of personal data is necessary and there is no statutory basis for it, we generally obtain consent from you. As the controller we have implemented all the necessary technical and organizational measures to ensure the protection of personal data processed through this website as complete as possible to us. However, internet-based data transmissions may have security gaps. Therefore an absolute protection cannot be guaranteed. This is why you are invited to transfer personal data to us via alternative means, e.g. by telephone. Personal data can mean the name, address, e-mail address, or telephone number of a data subject. The processing of personal datashall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations of Luxembourg, which are applicable to the IK3 SARL. We would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. You are also informed, by means of this data protection declaration, of all the rights to which they are entitled.

Terms

The data policies are based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR)and should should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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, mental, economic, cultural or social identity of that natural person.

b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c) Processing
Processing is any operation or set of operations which is performed on personal data or on 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.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Controller of data processing

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
IK3 SARL
59, Kierchestrooss - 9452 Bettel
Luxembourg
Phone: +352 26874262
Email: hello@ik-3.com
Website: www.ik-3.com

Collection data and information

The website of the IK3 SARL collects several general data and information when you or an automated system calls up the website. This general data and information are stored in the server log files. Collected may be

  • (1) the used browser types and versions (e.g. Internet-Explorer, Chrome, Safari, Firefox, Edge),
  • (2) the operating system used by the accessing system (e.g. Windows, Android, Chrome OS, iOS, MacOS, Linux,…),
  • (3) the referrers (website from which an accessing system reaches our website),
  • (5) the date and time of access to the Internet site,
  • (6) an Internet protocol address (IP address),
  • (7) the Internet service provider of the accessing system, and
  • (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

We do not draw any conclusions about you, when we use these general data and information,. Rather, this information is needed to ensure the long-term viability of our IT-systems and website technology, deliver the content of our website correctly, optimize the content of our website as well as its advertisement, , and provide law enforcement authorities with the information necessary for criminal prosecution. For this reason we analise anonymously collected data and information statistically, with the aim of increasing the data protection and data security of the IK3 SARL, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

Your rights as data subject

a) Right of confirmation
The data subject shall have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

c) Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

d) Right to erasure (Right to be forgotten)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

e) Right of restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;<7li>
  • the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

f) Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
  • the processing is carried out by automated means.
  • In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That 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 vested in the controller. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

g) Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. 2The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

h) Automated individual decision-making, including profiling
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. Paragraph 1 shall not apply if the decision:

  • is necessary for entering into, or performance of, a contract between the data subject and a data controller;
  • is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
  • is based on the data subject’s explicit consent.

In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(2)1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

i) Right to withdraw data protection consent
The data subject shall have the right to withdraw his or her consent to processing of his or her personal data at any time. f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the IK3 SARL.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

Legal basis for the processing

Art. 6 (1) lit. a GDPR is the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data has to bee seen as necessary for the performance of a contract to which the data subject is party,(e.g. when processing operations necessary for the supply of goods or to provide any other service) the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c GDPR. Also, processing operations could be based on Article 6 (1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, such as to carry out our business in favor of the well-being of all our employees and the shareholders, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

Period of time for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Provision of personal data (as statutory or contractual necessary)

Theprovision of personal data is partly required by law, such astax regulations. It can also result from contractual provisions (e.g. information on the contractual partner). When IK3 SARL signs a contract with him or her, the data subject is, for example, obliged to provide us with personal data Otherwise the contract with him or her could not be concluded. Before personal data is provided by the data subject, the data subject must contact an employee, who clarifies to him or her if the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, if there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Use of script libraries (Google Web Fonts)

We use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/) on this website to present our contents correctly and graphically appealing across all browsers. Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font. Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible - but currently also unclear whether and, if so, for what purposes - that operators of corresponding libraries collect data. The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/

Limitation of liability for external links

Our website contains links to the websites of third parties („external links“). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

Changes on our privacy policy

We kindly inform you that our privacy policy might be changed in the future due to technical, legislative or jurisprudential decisions and developements. Therefore we recommend to regularly enquire about our privacy policy.

Right to lodge a complaint with a supervisory authority

Your trust is important to us. We therefore want to answer all of your questions concerning how we manage your personal data. If you have any questions that have not yet been answered by this privacy policy, please don’t hesitate to contact us via the contact information which you can find in our legal notice If you have any concerns or complaints regarding the lawfulness of our data processing, you can contact the competent data protection authority of Luxembourg (National Commission for Data Protection, Grand-Duchy of Luxembourg, 1, avenue du Rock’n’Roll, L-4361 Esch-sur-Alzette, Tel. : (+352) 26 10 60 – 1, Fax: (+352) 26 10 60 – 29). Furthermore you are entitled to take legal action.