Privacy Policy

We are very delighted that you have shown interest in our enterprise.

Data protection is of a particularly high priority for the management of the MW Enterprise SARL. The use of the Internet

pages of the MW Enterprise SARL 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 telephonenumber 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 MW Enterprise SARL. 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 MW Enterprise SARL 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.

1. Definitions

The data protection declaration of the MW Enterprise SARL 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:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person

(“data subject”). An identifiable natural person is one who can be identified, directly or

indirectly, in particular by reference to an identifier such as a name, an identification number,

location data, an online identifier or to one or more factors specific to the physical,

physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is

processed by the controller responsible for the processing.

c) Processing

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

sets of personal data, whether or not by automated means, such as collection, recording,

organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use,

disclosure by transmission, dissemination or otherwise making available, alignment or

combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their

processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of

personal data to evaluate certain personal aspects relating to a natural person, in particular to

analyse or predict aspects concerning that natural person's performance at work, economic

situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal

data can no longer be attributed to a specific data subject without the use of additional

information, provided that such additional information is kept separately and is subject to

technical and organisational measures to ensure that the personal data are not attributed to an

identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public

authority, agency or other body which, alone or jointly with others, determines the purposes and

means of the processing of personal data; where the purposes and means of such processing

are determined by Union or Member State law, the controller or the specific criteria for its

nomination may be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which

processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the

personal data are disclosed, whether a third party or not. However, public authorities which may

receive personal data in the framework of a particular inquiry in accordance with Union or

Member State law shall not be regarded as recipients; the processing of those data by those

public authorities shall be in compliance with the applicable data protection rules according to

the purposes of the processing.

j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data

subject, controller, processor and persons who, under the direct authority of the controller or

processor, are authorised to process personal data.

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous

indication of the data subject's wishes by which he or she, by a statement or by a clear

affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. 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:

MW Enterprise SARL

rue Notre Dame, 139

3621 Kayl

Luxemburg

Email: info@mwenterprise.lu

Website: www.scape-cbrn.lu

3. Collection of general data and information

The website of the MW Enterprise SARL 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 MW Enterprise SARL 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 MW Enterprise SARL analyzes 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.

4. Contact possibility via the website

The website of the MW Enterprise SARL 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.

5. 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.

6. Rights of the data subject

a) 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.

b) 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:

• the purposes of the processing;

• the categories of personal data concerned;

• 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;

• where possible, the envisaged period for which the personal data will be stored, or, if not

possible, the criteria used to determine that period;

• the existence of the right to request from the controller rectification or erasure of

personal data, or restriction of processing of personal data concerning the data subject,

or to object to such processing;

• the existence of the right to lodge a complaint with a supervisory authority;

• where the personal data are not collected from the data subject, any available

information as to their source;

• the existence of automated decision-making, including profiling, referred to in Article

22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the

logic involved, as well as the significance and envisaged consequences of such

processing for the data subject.

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.

c) Right to 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.

d) Right to 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:

• The personal data are no longer necessary in relation to the purposes for which they

were collected or otherwise processed.

• The data subject withdraws consent to which the processing is based according to point

(a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is

no other legal ground for the processing.

• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and

there are no overriding legitimate grounds for the processing, or the data subject objects

to the processing pursuant to Article 21(2) of the GDPR.

• The personal data have been unlawfully processed.

• The personal data must be erased for compliance with a legal obligation in Union or

Member State law to which the controller is subject.

• The personal data have been collected in relation to the offer of information society

services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the

erasure of personal data stored by the MW Enterprise SARL, he or she may, at any time, contact

any employee of the controller. An employee of MW Enterprise SARL 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 MW Enterprise SARL will arrange the necessary measures in

individual cases.

e) 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:

• The accuracy of the personal data is contested by the data subject, for a period enabling

the controller to verify the accuracy of the personal data.

• The processing is unlawful and the data subject opposes the erasure of the personal

data and requests instead the restriction of their use instead.

• The controller no longer needs the personal data for the purposes of the processing, but

they are required by the data subject for the establishment, exercise or defence of legal

claims.

• The data subject has objected to processing pursuant to Article 21(1) of the GDPR

pending the verification whether the legitimate grounds of the controller override those

of the data subject.

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 MW Enterprise SARL, he or she may

at any time contact any employee of the controller. The employee of the MW Enterprise SARL will

arrange the restriction of the processing.

f) 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 MW Enterprise SARL.

g) 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 MW Enterprise SARL 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 MW Enterprise SARL 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 MW Enterprise SARL to the processing for direct

marketing purposes, the MW Enterprise SARL 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 MW Enterprise SARL 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 MW

Enterprise SARL. 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.

h) 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

MW Enterprise SARL 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 MW Enterprise SARL.

i) 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 MW Enterprise SARL.

7. Legal basis for the processing

Art. 6(1) lit. 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 fulfillment 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).

8. 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 favor of the well-being of all our employees and the shareholders.

9. 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 fulfillment of the contract or the initiation of a contract.

10. 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.

11. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Developed by the specialists for LegalTech at Willing & Able that also developed the system for

dpo training. The legal texts contained in our privacy policy generator have been provided and

published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection

and Christian Solmecke from WBS law.