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Read full articleGeneral: The following General Terms and Conditions shall apply to all deliveries and services of the LAYFLAT.COM AG (hereinafter referred to as "LAYFLAT") which are applicable on the basis of a Purchase contract with Channel Partners, Distributors, Consultants or End-Users,provided that no written different provision has been agreed to. Differently worded or contrary terms and conditions of the customer shall only apply if they have been explicitly accepted by LAYFLAT in writing. Existing terms and conditions are binding insofar as they are declared to be applicable in the offer or in the order confirmation.
Industrial property rights: LAYFLAT retains the right of property and copyright to figures, drawings or other documents which the customer already receives before conclusion of the contract. These may not be made available to third parties. Before disclosure of these to third parties, the customer must obtain express written approval from LAYFLAT.
Offers and order confirmations: Our offers are always non-binding.
Contracts shall be deemed to be accepted only after written order confirmation and the listed, performed deposit payments have been made. The deposit payment
must be made within the period of one week. The delivery times in the order confirmation shall be extended if the deposit(s) are not made in due time. LAYFLAT
has the right to withdraw from the contract for delay of deposit without obligation to indemnify or move the delivery to a later date than listed in the order
confirmation. Our written order confirmation shall be decisive for determining the scope and conditions of the delivery. Deviations in the order confirmation
from previously reached agreements shall be deemed to be approved if the customer does not object to these in writing within two business days.
LAYFLAT reserves the right to deviations from agreed scope of supply, which are deemed necessary due to the consideration of changes of legal or technical
standards. Desired changes of the customer with regard to the content of the services to be rendered after conclusion of the contract (e.g. retrofitting or
enhancement work) shall be considered by us in the scope of our operational capacities and only for an additional remuneration according to our separate offer
or our prices which are valid at the time of the acceptance of the change requests. All requests for changes and enhancements must be made in writing. Offer
documents, drawings, descriptions, samples and cost estimates to our machines and materials may not be passed on, published, copied or otherwise made available
to third parties. The documents, without retaining any copies, shall be returned on demand.
Prices and terms of payment: All prices are understood to be without VAT. The stated prices shall apply, provided nothing different has been agreed, are
non-binding exworks, without packaging. For domestic deliveries of acquisition of the machines from the factory, the legal Swiss VAT shall be additionally owed, insofar
as the customer does not bring the export papers. For deliveries to foreign countries, the legal VAT and/or possible import customs shall be additionally owed. For international
invoices, these shall not be stated separately and are normally to be directly paid to customs or the transport company upon import. Transport costs and insurance, as well as travel
costs for commissioning are not included in the offer. No VAT payments shall be made by LAYFLAT, and also not as advance payment. The delivery always takes place ex works at the customer's
risk and expense, this also applies for deliveries by LAYFLAT's own vehicles.
The invoices from LAYFLAT are payable within 30 days from the date of invoice, strictly net and without deduction. Advance payments within date noted on the advanced payment.
Transfer fees assessed by the customer's bank shall be paid by the customer. No check payments and/or exchange shall be accepted. Agreed deposits and advanced payments are due
immediately after occurrence of the respective milestones. Place of fulfilment for the payment is Regensdorf (Switzerland). Claims by the customer for the right to offset against
other contractual relationships or from guaranty claims is expressly excluded.
If the customer falls into arrears, LAYFLAT shall be entitled to charge the customer a default interest in the amount of the Libor valid in the currency to 1 month basis plus
3% (annual interest/360 days) calculated as of the date due of the demand. The proof of a higher default damage remains reserved. If the customer falls behind with a due payment
completely or partially, LAYFLAT is entitled, after unsuccessful expiration of an appropriate deadline, to claim for the damages arising due to the delay or alternatively either
to renounce the subsequent services and demand compensation for the arising damages or withdraw from the contract and refuse the promised services and/or reclaim the already provided services.
During the duration of the default of the customer, no guarantees shall be provided by LAYFLAT, Channel Partners or Distributors. LAYFLAT is not obligated to provide services or
deliveries until settlement of the due accounts. LAYFLAT is entitled to shut down the machine for default and enable it only after complete payment.
If the customer withdraws from the contract after the advance payment, in all cases the advanced payment shall be kept by the seller, be it LAYFLAT, a Channel Partner or a Distributor, without proof of damage and no claim for repayment. Moreover, LAYFLAT may make a claim against damages that go beyond those which the advanced payment might cover.
The payment is always to be paid in the currency listed in the order confirmation. Possible differences in currency shall be borne by the customer fully.
If an insolvency proceeding is applied for and/or initiated concerning the assets of the customer, LAYFLAT is entitled to withdraw from the unfulfilled part of the contract.
Compensation, retention: The customer is only entitled to rights of compensation or retention when his guarantee claims are determined to be legally binding, undisputed or recognized by us. Furthermore, he shall only be authorized to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.
Retention of title: The products delivered by LAYFLAT shall remain the property of LAYFLAT until fulfilment of all requirements. The goods may neither be sold, mortgaged nor assigned away or placed at a different location without written approval by LAYFLAT until complete payment.
Delivery term, transport and passing of the risk: The delivery term begins with the receipt of the order confirmation respectively as far as confirmed, with the receipt of the advanced payment, sample and with clarification of the technical details. It is fulfilled, when the delivered good has left the factory or the delivery readiness has been reported up to the point in time of expiry of this term. Changes of the service content agreed to with the customer lead to the suspension of agreed delivery dates and deadlines, provided nothing else has been agreed to.
Cases of force majeure, strikes, lockouts and/or other unforeseeable events, may these affect LAYFLAT or a sub supplier, shall release LAYFLAT from any accepted delivery obligations. In such cases, LAYFLAT is entitled to extend the delivery by an appropriate term. If the delivery period specified by LAYFLAT is exceeded by more than 4 months, the customer is only entitled, after granting a grace period of one month, to withdraw from the contract. LAYFLAT shall in no case be held liable for lost profits and sales of the customer and possible consequential damages resulting therefrom.
The compliance with our delivery obligation requires the timely or proper fulfilment of the customer's obligations (e.g. timely receipt of the agreed advanced payments, on-time provisioning by the customer of the documents, approvals, specifications in technical regards to the workpieces or workpiece samples). Our delivery time shall be extended appropriately if the customer is not able to properly fulfill his obligations in a timely manner. Partial deliveries are allowed, provided the items to be delivered are completed units or independent individual components.
Benefits and risks are transferred to the customer as soon as the product has left the factory or the distribution center. However, the property rights shall apply according to section 6 "Retention of Title".
Examination and approval of the products: Upon receiving, the customer must immediately inspect the goods for transport damage and immediately notify the freight carrier of any possible claim and send a copy of this to LAYFLAT, and the Channel Partner or Distributor in charge.
Immediately after completion of the installation, the customer must check whether the properties of the product meet the contractual agreements. The customer shall confirm this with its signature on the LAYFLAT acceptance report.
The customer must obtain express written approval by LAYFLAT or the Channel Partner or Distributor in charge for independent installation and commissioning the product resp. the device. LAYFLAT must be immediately notified in writing of any possible defects; otherwise, the delivered products shall be deemed to be accepted. In all cases, the burden of proof for defects and damages shall be incumbent upon the customer. LAYFLAT shall not be liable for damages caused by the independent installation and commissioning of the product resp. the device by the customer. The guarantee shall expire in such cases.
Guarantee, liability for defects
Scope of guarantee and services: For all factory-new products and components, except for the data server, LAYFLAT or the Channel Partner or Distributor in charge guarantee that every new product is free of manufacturing and material defects within the guarantee period defined in section 9.3. Wear parts, which includes, for example, drive belts, brake and clutch linings and transport rollers, are not covered by this guarantee. A detailed list of the wear parts is available separately.
Should a part, which is covered by the guarantee, not function or malfunction during the guarantee period, LAYFLAT , the Channel Partner or Distributor in charge will either perform a repair or replacement of the faulty part at its discretion at no cost to the customer. The delivery costs from and to LAYFLAT, as well as any compulsory customs, fees and taxes on such guarantee parts shall be carried by the customer. Should a repair or a replacement be necessary on-site by one or more LAYFLAT employees, the working and travel times shall be carried by LAYFLAT, however, all actual travel costs for these employees, including but not limited to flights, overnight expenses, rental vehicle, telephone costs and meals shall be paid by the customer. These costs are expressly excluded from the guarantee.
Guarantee period: The guarantee period for all products is limited to 1 year after start of the guarantee, which is defined under item 9.4.
Used machines: For used, reconditioned machines, the guarantee period is 6 months.
Start of the guarantee period: The guarantee starts on
The earliest stated dates shall be deemed to be the start of the guarantee period.
Warranty limitations and guarantee conditions
With the exception of the above-described and -limited guarantee, LAYFLAT shall assume no guarantee services of any kind either expressly or implicitly. Moreover, no representatives or other persons are authorized for the acquisition of further guarantee obligations.
In the following cases any guarantee and liability of LAYFLAT is excluded:
Guarantee claim procedure: For occurring malfunctions or other defects, the responsible service manager of LAYFLAT, the Channel Partner or Distributor must be notified immediately. The Service department can be notified in writing (mail / fax) or via telephone during normal business hours. In all cases, notice of defects must be made in writing.
Returns will only be accepted after prior agreement and with approval by LAYFLAT. Returned parts must be packaged carefully and be identifiable by the RMA number (RMA = Return Material Authorization) provided by LAYFLAT.
A retention or reduction of the invoice amount according to Item 4 due to any complaint or for guarantee claims is prohibited.
LAYFLAT, the Channel Partners or Distributor reserve the right to charge in full for work assignments that do not fall under the guarantee or are not covered by it.
Liability: Further claims by the customer other than the ones stated here shall be excluded. In particular, all claims for damage, reduction, cancellation or withdrawal from the contract not expressly stated above shall be excluded.
Any kind of liability by LAYFLAT, the Channel Partner or Distributor in charge for direct or indirect losses are categorically excluded, insofar as they have not be caused by gross negligence or premeditation on the part of LAYFLAT, the Channel Partner or Distributor in charge.
In no case shall claims of the customer be admissible for compensation for damages, which have not arisen on the products themselves, such as damages to personal property, photo-sensitive materials or damages due to work and production downtimes, usage losses, loss of orders, lost profits and from any other direct or indirect damages.
Software: The corresponding operating and application software is provided with the products of LAYFLAT. This is protected by copyright and the customer is only authorized to use this software for its own use and in conjunction with the products on which it has been installed.
The customer is prohibited from making the provided software available to third parties or from transferring it to third parties. The customer must notify LAYFLAT, the Channel Partner or Distributor in charge about backup copies of the software made by the customer. These copies must carry the copyright notice of LAYFLAT. LAYFLAT is entitled to make changes to the software at any time, provided this serves to improve the use of the delivered devices.
Data protection: Customer Data are only collected, used or stored by LAYFLAT for the purpose of fulfilling the obligations of the Purchase Contract. The Purchaser explicitly agrees that these date may be passed on to Third Parties, if this is necessary.
Verbal agreements: Verbal agreements, which deviate from the existing General Terms and Conditions or which supplement these, shall only be valid if they have been confirmed in writing by LAYFLAT, the Channel Partner or Distributor in charge.
Applicable law and jurisdiction: The legal relationship between LAYFLAT and the Purchaser, be it a Channel Partner or Distribuotor or a customer, is subject to Swiss law. Place of fulfilment and exclusive jurisdiction is Lucerne, Switzerland. However, LAYFLAT is entitled to sue the Purchaser at its place of jurisdiction.
The Purchase Contracts of the Channel Partners or Distributors with the Customers may contain differing rules.
Swiss law shall also apply to international deliveries. The application of UN purchase law or other international standards of commercial law are excluded.
Severability clause: Should the individual provisions of these General Terms and Conditions be or become invalid and/or incomplete, the remaining provisions of these General Terms and Conditions shall remain valid.
We are delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Layflat.com AG. The use of the Internet pages of Layflat.com AG is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Layflat.com AG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Layflat.com AG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
Definitions: The data protection declaration of the Layflat.com AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration 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:
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.
Data subject Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
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.
Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
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.
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.
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.
Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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.
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.
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.
Name and Address of the controller: 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:
Layflat.com AG
Dreilindenstrasse 25
CH-6045 Meggen
Switzerland
Phone: +41 (76) 351 22 25
Email: info@layflat.com
https://www.layflat.com
Name and Address of the Data Protection Officer:
The Data Protection Officer of the controller is:
Djawad Khorosh
Layflat.com AG
Dreilindenstrasse 25
CH-6045 Meggen
Switzerland
Phone: +41 (76) 351 22 25
Email: info@layflat.com
https://www.layflat.com
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
Cookies: The Internet pages of the Layflat.com AG use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, the Layflat.com AG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Collection of general data and information: The website of the Layflat.com AG collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (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.
When using these general data and information, the Layflat.com AG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Layflat.com AG analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, 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.
Subscription to our newsletters: On the website of the Layflat.com AG, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Layflat.com AG informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
Newsletter-Tracking: The newsletter of the Layflat.com AG contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Layflat.com AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. After a revocation, these personal data will be deleted by the controller. The Layflat.com AG automatically regards a withdrawal from the receipt of the newsletter as a revocation.
Contact possibility via the website : The website of the Layflat.com AG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
Routine 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.
Rights of the data subject
Right of confirmation: Each data subject shall have the right granted by the European legislator 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.
Right of access: Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Right of rectification: Each data subject shall have the right granted by the European legislator 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.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Right of erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator 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, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Layflat.com AG, he or she may, at any time, contact any employee of the controller. An employee of Layflat.com AG shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Layflat.com AG will arrange the necessary measures in individual cases.
Right of restriction of processing Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Layflat.com AG, he or she may at any time contact any employee of the controller. The employee of the Layflat.com AG will arrange the restriction of the processing.
Right to data portability: Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Layflat.com AG.
Right to object: Each data subject shall have the right granted by the European legislator 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) of the GDPR. This also applies to profiling based on these provisions.
The Layflat.com AG shall no longer process the personal data in the event of the objection, unless we can demonstrate 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.
If the Layflat.com AG processes personal data 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. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Layflat.com AG to the processing for direct marketing purposes, the Layflat.com AG will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Layflat.com AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Layflat.com AG. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not 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 (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Layflat.com AG 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Layflat.com AG.
Right to withdraw data protection consent: Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Layflat.com AG.
Data protection for applications and the application procedures: The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements.
Data protection provisions about the application and use of Facebook: On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there, the setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
Data protection provisions about the application and use of Google Analytics (with anonymization function) On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviours of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits to our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
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/.
Data protection provisions about the application and use of Google+ On this website, the controller has integrated the Google+ button as a component. Google+ is a so-called social network. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos and network through friend requests.
The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the Internet browser on the information technology system of the data subject automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by the data subject. More detailed information about Google+ is available under https://developers.google.com/+/.
If the data subject is logged in at the same time to Google+, Google recognizes with each call-up to our website by the data subject and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by the data subject. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with the data subject.
If the data subject clicks on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of the data subject and stores the personal data. Google stores the Google+ 1 recommendation of the data subject, making it publicly available in accordance with the terms and conditions accepted by the data subject in this regard. Subsequently, a Google+ 1 recommendation given by the data subject on this website together with other personal data, such as the Google+ account name used by the data subject and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of the data subject or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing the various Google services.
Through the Google+ button, Google receives information that the data subject visited our website, if the data subject at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether the data subject clicks or doesn’t click on the Google+ button.
If the data subject does not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website.
Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.
Data protection provisions about the application and use of LinkedIn: The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
Data protection provisions about the application and use of Twitter: On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.
Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under
https://twitter.com/privacy?lang=en.
Data protection provisions about the application and use of Xing: On this website, the controller has integrated components of XING. XING is an Internet-based social network that enables users to connect with existing business contacts and to create new business contacts. The individual users can create a personal profile of themselves at XING. Companies may, e.g. create company profiles or publish jobs on XING.
The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a XING component (XING plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding XING component of XING. Further information about the XING plug-in may be accessed under https://dev.xing.com/plugins. During the course of this technical procedure, XING gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on XING, XING detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the XING component and associated with the respective XING account of the data subject. If the data subject clicks on the XING button integrated on our Internet site, e.g. the “Share”-button, then XING assigns this information to the personal XING user account of the data subject and stores the personal data.
XING receives information via the XING component that the data subject has visited our website, provided that the data subject is logged in at XING at the time of the call to our website. This occurs regardless of whether the person clicks on the XING component or not. If such a transmission of information to XING is not desirable for the data subject, then he or she can prevent this by logging off from their XING account before a call-up to our website is made.
The data protection provisions published by XING, which is available under https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by XING. In addition, XING has published privacy notices for the XING share button under https://www.xing.com/app/share?op=data_protection.
Data protection provisions about the application and use of YouTube: On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at
https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
Data protection provisions about the application and use of Lead Forensics Contained within our website is tracking code provided by Lead Forensics. This code enables Lead Forensics to track activity on the business section of our website and provide us with information on the IP address of the requesting computer (this data is not anonymised), the date and duration of the user’s visit, and the web pages which the user visits. More information can be found at www.leadforensics.com. The Lead Forensics tool uses IP tracking for identifying businesses and is not the same as cookies. The Lead Forensics tracking code only provides information that is readily available in the public domain. It does not, and cannot, provide individual, personal or sensitive data regarding who has visited our website. It provides information on what companies have visited our website by identifying them from their IP address. This data may be used by us to contact the business about their experience or for marketing purposes. We will not pass this data to third parties for any reason. More information can be found at www.leadforensics.com.
Legal basis for the processing Art a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are 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 carrying out 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 fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, 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, 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).
The legitimate interests pursued by the controller or by a third party: Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
Period 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 fulfilment of the contract or the initiation of a contract.
Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data: We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
Existence of automated decision-making: As a responsible company, we do not use automatic decision-making or profiling.
Layflat.com AG
Dreilindenstrasse 25
CH-6045 Meggen
Djawad Khorosh
CEO
Phone: +41 76 351 22 25
E-Mail: info@layflat.com
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