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Social Media data protection declaration

We, Liebherr-International Deutschland GmbH, are pleased to welcome you to our TikTok Social Media channel (hereinafter referred to as ‘Social Media Page’) and that you have shown an interest in the Liebherr Group.

We attach huge importance to the protection and security of your personal data. It is therefore important to inform you about what personal data we process about you and for what purpose, and what rights you have in relation to your personal data.

General information

  • ‘Personal data’ (hereinafter also referred to as ‘data’) is all information that reveals something about a natural person. Personal data is not only information that allows a direct conclusion to be drawn about a specific person (e.g. the name or email address of a person), but also information with which a reference to a specific person can be established with corresponding additional knowledge.
  • ‘Processing’ means any measures that are carried out with your personal data (such as the collection, recording, organisation, sorting, saving, use or erasure of data).

We shall bear sole responsibility under data protection law for the processing of your personal data when you transmit your data to us via our Social Media Page, and we alone shall decide on the purposes and means of the processing. This is the case when you communicate with us, contact us or take part in our competitions.

In this case, the controller responsible for processing your data shall be:
Liebherr-International Deutschland GmbH
Hans-Liebherr-Str. 45
88400 Biberach an der Riß
Germany
Tel.: +49 7351 41-0
Email: [email protected]

Together with the platform operators listed below, we are considered joint controllers if we jointly determine the purposes and means of data processing with them. This shall be the case when the platform operators provide us with visitor statistics in anonymised and aggregated form for analysis purposes.

In this case, we are joint controllers with

TikTok Technology Limited
10 Earlsfort Terrace
Dublin
D02 T380
Ireland

and

TikTok Information Technologies UK Limited
Kaleidoscope
4 Lindsey Street
London
EC1A 9 HP
United Kingdom,

who, for their part, are joint controllers (hereinafter jointly referred to as the ‘Platform Operator’).

The parent company of the Platform Operator is the Chinese company ByteDance Ltd., P.O. Box 31119 Grand Pavilion, Hibiscus Way, 802 West Bay Road, Grand Cayman, KY1 - 1205 Cayman Islands

With regard to the remaining processing of personal data (e.g. to provide the platform, to enable the use of videos in interactive form, to suggest user accounts to other users, to provide users with personalised advertising, to further develop the platform), the Platform Operator shall bear sole responsibility under data protection law. You can find more detailed information in the Platform Operator’s ‘Privacy Policy’.

You can use the following contact details to contact our data protection officer:

Group Data Protection EU/EEA
Liebherr-IT Services GmbH
St. Vitus 1
88457 Kirchdorf an der Iller
Germany
Email: [email protected]

You can use the following link to contact the Platform Operator’s data protection officer:tiktok.com/legal/report/DPO/de

Insofar as we are solely responsible for the processing of your personal data under data protection law, the legally prescribed framework entitles you as the data subject the right to:

  • Access to your data;
  • Rectification of inaccurate data and completion of incomplete data;
  • Erasure of your data, particularly if (1) it is no longer required for the purposes mentioned in this data protection declaration, (2) you revoke your consent and there are no other legal grounds for processing, (3) your data was processed unlawfully or (4) you filed an objection to the processing and there are no overriding legitimate reasons for the processing;
  • Restriction of the processing of your data, particularly if the accuracy of the data is contested by you or the processing of your data is unlawful and you demand the restriction of its usage in place of erasure;
  • Object to the processing of your data for the protection of legitimate interests for reasons arising from your particular situation or, without specific justification, to the processing of your data for the purpose of direct marketing; if you file an objection that is not an objection to direct marketing, we ask you to explain the reasons why we should not process your data as we may have done. In the event of your justified objection, we will examine the situation and cease processing unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims;
  • Receive your data in a structured, commonly used and machine-readable format and the right to have your data transmitted directly from us to another controller;
  • Withdraw consent if you have given us your consent to process your data. Please note that the withdrawal of consent shall not affect the lawfulness of processing undertaken on the basis of consent prior to its withdrawal.

When exercising the aforementioned rights, please note that we may request supporting documents from you which verify that you are the person you claim to be.

In addition, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your data violates the GDPR.

Insofar as there is joint responsibility between us and the Platform Operator, we have agreed with the Platform Operator that the latter will be the point of contact for the persons concerned. You can find more detailed information in the ‘Jurisdiction-specific terms’ and the Platform Operator’s ‘Privacy Policy’.

Notwithstanding this agreement, you can assert your rights against us. In this case, we will forward your request to the Platform Operator.

If the Platform Operator is solely responsible for the processing of your personal data, they are responsible for the fulfilment of your rights as a data subject. You can find more detailed information about this in the Platform Operator’s ‘Privacy Policy’.

Data processing

If you comment on the content we post, interact with it (e.g. like it or save it as a bookmark), send us messages or take part in our surveys, we process your user name, your profile picture, if applicable, and your content published on our Social Media Page under our own responsibility for the purpose of communicating with you or other users of the Platform Operator.

Data processing for other purposes shall only arise to the extent required under legal guidelines pursuant to Article 6(4) GDPR. In this instance, we shall of course observe any duty to provide information in accordance with Article 13(3) GDPR and Article 14(4) GDPR.

Your data shall be processed for the fulfilment of a contract or the implementation of pre-contractual measures in accordance with Article 6(1b) GDPR or to protect legitimate interests in accordance with Article 6(1f) GDPR.

Our pursued legitimate interests are communication with users of the Platform Operator.

You have the right to object, on grounds relating to your particular situation, at any time to the processing based on Article 6(1f) GDPR.

If you participate in our competitions, we process your first and last name, your address, your user name and, if applicable, your profile picture and, if applicable, your content published on our Social Media Page under our own responsibility for the purpose of organising and running the competition in accordance with the applicable conditions of participation.

Data processing for other purposes shall only arise to the extent required under legal guidelines pursuant to Article 6(4) GDPR. In this instance, we shall of course observe any duty to provide information in accordance with Article 13(3) GDPR and Article 14(4) GDPR.

Your data is processed for the fulfilment of a contract or for the implementation of corresponding pre-contractual measures in accordance with Article 6(1b) GDPR.

By setting up our Social Media Page, the Platform Operator is given the opportunity to compile the statistics described in more detail below. In this case, we and the Platform Operator jointly determine the purposes and means of the processing on which these statistics are based and are therefore joint controllers.

By measuring and analysing usage data, the Platform Operator provides us with information in aggregated and anonymised form regarding how users of the Platform Operator interact with the content published by us. In this context, we receive, for example, information about the number of views, likes, comments and shares of our videos, as well as demographic information about our followers and the viewers of our videos. The Platform Operator compiles this information using cookies and similar technologies, among other things. We have no influence on the cookies set by the Platform Operator and the use of similar technologies.

We have concluded a joint controller addendum with the Platform Operator, which sets out the responsibilities between us and the Platform Operator for compliance with the obligations under the GDPR.

We only process the visitor statistics collected under joint responsibility in order to optimise our communication and information services and the user experience of our visitors.

Data processing for other purposes shall only arise to the extent required under legal guidelines pursuant to Article 6(4) GDPR. In this instance, we shall of course observe any duty to provide information in accordance with Article 13(3) GDPR and Article 14(4) GDPR.

The processing of your data is based on the protection of legitimate interests (Article 6(1f) GDPR).

Our pursued legitimate interest is the optimisation of our information offering and the adaptation of our Social Media Page to the wishes of our visitors.

You have the right to object, on grounds relating to your particular situation, at any time to the processing based on Article 6(1f) GDPR.

TikTok Analytics

Platform Operator information:
TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland
TikTok Information Technologies UK Limited, Kaleidoscope, 4 Lindsey Street, London, EC1A 9HP, United Kingdom Parent company: ByteDance Ltd., P.O. Box 31119 Grand Pavilion, Hibiscus Way, 802 West Bay Road, Grand Cayman, KY1 - 1205 Cayman Islands

Website:
https://www.tiktok.com/de-DE/

Joint controller addendum:
https://www.tiktok.com/legal/page/global/tiktok-analytics-joint-controller-addendum/en

Data protection declaration (in German):
https://www.tiktok.com/legal/page/eea/privacy-policy/de

Information about TikTok Analytics:
https://www.tiktok.com/legal/page/global/information-about-tiktok-analytics/en

Information about the cookies for the website:
https://www.tiktok.com/legal/page/global/tiktok-website-cookies-policy/de

Information about the cookies for the platform:
https://www.tiktok.com/legal/page/global/cookie-policy/de

Where appropriate, we transmit your data to:

  • Other companies of the Liebherr Group, if this is necessary for the initiation, execution or termination of a contract or if we have a legitimate interest in the transfer and your overriding legitimate interest does not override this;
  • Our service providers that we use to fulfil the above-mentioned purposes;
  • Courts, arbitration tribunals, authorities or legal advisors if this is necessary for compliance with the applicable law or for the assertion, exercise or defence of legal claims.

Data may only be transferred to bodies in countries outside of the European Union or the European Economic Area (so-called third countries) or to international organisations (1) if you have given us your consent or (2) if the European Commission has decided that an adequate level of protection exists in a third country (Article 45 GDPR). If the Commission has not taken such a decision, we are only permitted to transfer your data to recipients located in a third country if suitable guarantees are in place (e.g. standard data protection clauses adopted by the Commission or the supervisory authority in accordance with a specific procedure) and the enforcement of your data subject rights is guaranteed or the transfer is permitted in individual cases on the basis of other authorisations (Article 49 GDPR).

If we transfer your data to third countries, we will inform you about the respective details of the transfer at the relevant points in this data protection declaration.

We process your data for as long as this is necessary for the respective purpose, unless you have effectively objected to the processing of your data or have effectively withdrawn your consent.

Insofar as statutory retention obligations exist, we will have to store the data concerned for the duration of the retention obligation. Following expiry of the retention obligation, we shall check whether there is a continued need for processing. Your data is erased if there is no longer any need.