Data protection of LMIS AG
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Thank you very much for your interest in our company. The management of LMIS AG attaches great importance to data protection. The use of the Internet pages of LMIS AG is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services provided by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the agreement of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the European General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to LMIS AG. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, the persons concerned are informed about their rights by means of this data protection declaration.
The LMIS AG, as the data controller, has implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
We use the following terms in this data protection declaration:
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) Person concerned
Person concerned means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means 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) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
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 means 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 means 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 means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means 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.
j) Third party
Third party means 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 of the data subject means 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.
2. Name and address of the controllerThe person responsible within the meaning of the European General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is the:
Tel.: 0541 / 200 690 0
3. The name and address of the Data Protection OfficerThe data protection officer of the controller is:
Dipl.-Ing. M. Sc. Stefan Olbrich
KIRCHNER EDV-Service Bremen GmbH
Tel.: +49 5721 - 809 552
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions according to the data protection.
4. Accessing the Web PagePurposefulness of data processing
When you access the LMIS website, the browser used on your terminal device automatically and without any intervention on your part sends the IP address of the requesting Internet-capable device, the date and time of access, the name and URL of the accessed file, the website / application from which the access was made (referrer URL), the browser you are using and, if applicable, the operating system of your Internet-capable computer and the name of your access provider to the server of our website and temporarily saves it in so-called log files (access and error) for the following purposes:
- Guarantee of a smooth connection setup,
- Ensuring a comfortable use of our website
- Evaluation of system safety and stability
Storage period/ Criteria for determining the storage period:
The data will be stored for a period of seven days. They shall then be automatically deleted.
5. CookiesWhat is a cookie?
Cookies are small text files that are created by the visited website and contain data. They are stored on the visitor's computer and allow access to various functions. We use permanent and temporary cookies on our websites.
A temporary cookie is temporarily stored on the visitor's computer while the visitor is visiting the website. The cookie is deleted when the visitor closes his web browser or when the session expires.
A permanent cookie remains on the visitor's computer until it is actively deleted.
Cookies give us information about how our visitors use our content and help us to improve our website for you.
How do I block cookies?
You can block the installation of cookies by changing your browser settings; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
Details on the cookies sent from our domain to your computer, in particular the respective function, the purpose of the storage/category and the storage period can be found in the following overview:
|Name||Typ||Description||Term of validity||Domain|
|_pk_id.1.b65c||Persistent Cookie||These are 1st party cookies created by our MATOMO. These "persistent" cookies are stored on the computer and only lose their validity when the expiration date assigned to them has expired. This enables us to recognize whether a visitor has been to our site before and what content that person has shown interested in.||This cookie loses its validity after 13 months.||.lmis.de|
|_pk_ses1.b56c||Persistent Cookie||These are 1st party cookies created by our MATOMO. These "persistent" cookies are stored on the computer and only lose their validity when the expiration date assigned to them has expired. This enables us to recognize whether a visitor has been to our site before and what content that person has shown interested in.||.lmis.de|
|MATOMO_SESSID||Session Cookie||These are 1st party cookies created by our MATOMO. These "persistent" cookies are stored on the computer and only lose their validity when the expiration date assigned to them has expired. This enables us to recognize whether a visitor has been to our site before and what content that person has shown interested in.||.lmis.de|
|PHPSESSID||Session Cookie||This cookie is used to save the user's preferred settings so that they can be made available immediately when the user visits the site again. These can be, among other things, the language settings or another preference. It also serves to make it easier to fill out forms.||The cookie loses its validity when the browser session is terminated||.lmis.de|
It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie-ID. By using cookies, LMIS AG can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.
6. Contact form / Phone / E-Mail trafficThe website of LMIS AG contains, in accordance with legal regulations, information that enables immediate electronic contact with our company and direct communication with us, which also includes a general address of the electronic mail (e-mail address). If a data subject contacts the data controller via e-mail, telephone or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntary by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
Our and your equal interests result from Article 6 paragraph 1 letter f) and Article 6 paragraph 1 letter b) of the European General Data Protection Regulation (GDPR).
7. Routine deletion and blocking of personal dataThe controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
Data will only be processed by contract processors on our behalf in exceptional cases. These have been carefully selected by us. In addition, they are audited and contractually bound in accordance with article 28 of the European General Data Protection Regulation (GDPR).
8. Rights of the data subjectApart from the right to revoke the consents given to us by you, you are entitled to the following further rights if the respective legal requirements are met:
- Right of access by the data subject about your personal data stored by us in accordance with Article 15 of the European General Data Protection Regulation (GDPR) and § 34 BDSG,
- Right to rectification inaccurate or incomplete data pursuant to Article 16 of the European General Data Protection Regulation (GDPR),
- Right to deletion of your data stored with us according to article 17 of the European General Data Protection Regulation (GDPR) and § 35 BDSG,
- Right to limit the processing of your data pursuant to Article 18 of the European General Data Protection Regulation (GDPR),
- Right to data portability pursuant to Article 20 of the European General Data Protection Regulation (GDPR),
- Right of objection under Article 21 of the European General Data Protection Regulation (GDPR)
a) Right of access by the data subject
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European legislator has provided the data subject with the following information:
- the purposes of the processing
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information according the origin of the data
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.
b) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.
c) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
Die personenbezogenen Daten wurden für solche Zwecke erhoben oder auf sonstige Weise verarbeitet, für welche sie nicht mehr notwendig sind. Die betroffene Person widerruft ihre Einwilligung, auf die sich die Verarbeitung gemäß Art. 6 Abs. 1 Buchstabe a DS-GVO oder Art. 9 Abs. 2 Buchstabe a DS-GVO stützte, und es fehlt an einer anderweitigen Rechtsgrundlage für die Verarbeitung.
Personal data have been collected or otherwise processed for purposes for which they are no longer necessary. The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a of the European General Data Protection Regulation (GDPR) or Art. 9 para. 2 letter a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing under Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21 (2) GDPR.
The personal data have been processed unlawfully. The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject. The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR. If one of the above reasons applies and a person concerned wishes to have personal data stored at LMIS AG deleted, he or she can contact our data protection officer or another employee of the data controller at any time.
The data protection officer of LMIS AG or another employee will ensure that the request for deletion is complied with immediately. If the personal data have been made public by LMIS AG and if our company as the person responsible is obliged to delete the personal data pursuant to Art. 17 Para. 1 GDPR, LMIS AG, taking into account the available technology and the implementation costs, shall take appropriate measures, also of a technical nature, to inform other persons responsible for data processing who process the published personal data, that the person concerned has received from these other persons responsible for data processing the deletion of all links to these personal data or of copies or replications of these data.
d) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
The accuracy of the personal data shall be contested by the data subject for a period of time which allows the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject refuses to erase the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights. The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at LMIS AG, he or she can contact our data protection officer or another employee of the data controller at any time. The data protection officer of LMIS AG or another employee will arrange for the processing to be restricted.
e) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) GDPR the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned may at any time contact the data protection officer appointed by LMIS AG or another employee.
f) Right of appeal
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the GDPR.
This also applies to profiling based on these provisions. LMIS AG will no longer process personal data in the event of objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. If LMIS AG processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising.
If the person concerned objects to the processing for direct marketing purposes by LMIS AG, LMIS AG will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him/her by LMIS AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR for reasons arising from his/her particular situation, unless such processing is necessary for the performance of a task in the public interest.
To exercise the right to object, the person concerned may contact the data protection officer of LMIS AG or the competent supervisory authority of the country directly. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
g) Automated case-by-case decisions including profiling
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is made with the express consent of the data subject, LMIS AG shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to have the data controller intervene, to state his or her point of view and to challenge the decision. If the data subject wishes to assert rights relating to automated decisions, he or she may at any time contact our data protection officer or another employee of the data controller for this purpose.
h) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may at any time contact our data protection officer or another employee of the data controller.
9. Data protection for applications and in the application procedureThe data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
10. Social-Media-ButtonsOn the LMIS AG website, there is no integration of social media buttons in the form of "like buttons", which would lead to a concealed transfer of data to external servers of third parties, so that the consent of the user in this respect is invalid and our website is designed in accordance with the current case law of the European Court of Justice (judgement of 29 July 2019, C-40/17). If the user clicks on the forwarding link, the duty to inform about the data collection and processing is no longer with the service provider, but with the operator of the social network. Social Sharing Plugins.
For sharing our posts and content on social networks, we use the plugin "Shariff Wrapper". This concerns the social networks Facebook, Twitter, Xing Instagram and LinkedIN.
"Shariff" was developed by specialists of the computer magazine c't to provide more privacy on the net and to replace the usual "Share" buttons of social networks. You can find more information about the Shariff Wrapper Plugin at WordPress at https://de.wordpress.org/plugins/shariff/.
For further information about the social networks we refer to, please read their privacy policies.
11. Appropriate data processing within the framework of the fulfilment of the contract
Against the background of contract execution, all data required for the execution of a contract are processed by LMIS AG on the legal basis of Article 6 (1) (b) GDPR. Third parties may also be involved as service providers in the execution of the contract, including, for example, payment service providers. Your data will be passed on to them to the extent required in each case, taking into account the legal situation, and will be processed by them for the specific purpose. This earmarking is guaranteed on the one hand by the legislator and on the other hand by binding contractual agreements within the meaning of Article 28 GDPR.
Specifically, this is necessary data that you provide to us based on the contractual relationship for the conclusion, execution or termination of a contract:
First name, surname, billing and delivery address, e-mail address, billing data, telephone number
12. Storage and deletion of data collected under the contractIf we do not require your contact data for further business purposes, the data will be stored in accordance with legal obligations and for possible claims. The retention periods are generally based on the tax and commercial law retention obligations.
13. Possibility of revocation of consentIf you have given us your consent under data protection law, you may at any time informally revoke this consent to LMIS AG with effect for the future. For this purpose, an e-mail or a postal letter to the contact data of the data protection officer is sufficient, which in turn leads to the deletion of the collected data. Otherwise, the collected data will be stored for a period of six months for the purposes of traceability, process optimisation and needs-based response to enquiries and then deleted.
If you do not agree with the storage and evaluation of this data from your visit, you can object to its subsequent storage and use at any time by mouse click. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo does not collect any session data. Attention: If you delete your cookies, this means that the opt-out cookie will also be deleted and may have to be reactivated by you.
The data controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to web pages. A web analysis tool collects data on, among other things, from which website a person concerned came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of Internet advertising.
The software is operated on the server of the data controller, the data protection sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is to analyse the flow of visitors to our website. The data controller uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports showing the activities on our website.
Personal information such as the access time, the location from which an access originated and the frequency of visits to our website are stored by means of cookies. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transferred to our server. This personal data is stored by us. We do not pass this personal data on to third parties.
The person concerned can prevent the setting of cookies by our Internet site, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Matomo can be deleted at any time via an Internet browser or other software programs.
Furthermore, the data subject may object to the collection of data generated by Matomo in connection with the use of this website and prevent such collection. For this purpose, the person concerned must set an opt-out cookie. If the information technology system of the data subject is deleted, formatted or deleted at a later point in time, the data subject is not able to access the data. Further information and Matomo's current data protection regulations can be found at https://matomo.org/privacy/ .
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15. legal basis for the processingArt. 6 I lit. a GDPR serves our company as a legal basis for processing operations in 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 GDPR).
16. legitimate interests in the processing pursued by the controller or a third partyIf the processing of personal data is based on Article 6 I letter f GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
17. the duration for which the personal data will be storedThe criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
18. Legal or contractual provisions on the provision of personal data; necessity for the formation of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the dataWe will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her.
Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, he or she must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.