WARGITSCH & COMP. AG
Ingolstädter Str. 92 | D-85276 Pfaffenhofen a.d. Ilm
Local court Ingolstadt HRB 5063 | USt-IdNr. DE 814998101
Tel +49 (0) 8441 47 99 – 899
Executive Board with power of representation: Dr. Christoph Wargitsch
Chairman of the Supervisory Board: Prof. Dr. Gerold Riempp
Responsible for content according to § 6 MDStV: Dr. Christoph Wargitsch
1. General / Definitions
This data protection declaration is based on terms of the DS-GVO and should be easy to read and understand for every person. Therefore, we would like to explain various terms in advance:
- Personal data: Personal data is any information relating to an identified or identifiable natural person (hereinafter “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 / person concerned: Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
- Processing: Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.m
- Restriction of processing:
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
- Profiling: Profiling is any type of automated processing of personal data which consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
- Pseudonymisation: Pseudonymisation is the processing of personal data in such a way 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 is not attributed to an identified or identifiable natural person.
- Controller: The controller 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 designation may be provided for under Union or Member State law.
- Processor / Data 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 means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
- Third party: Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
- Consent: Consent is any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Information about the collection of data
- In the following, we inform you about the collection of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour, etc.
- The responsible party pursuant to Art. 4 (7) of the EU General Data Protection Regulation (DS-GVO) is WARGITSCH & COMP AG represented by the Management Board Dr. Christoph Wargitsch Ingolstaedter Straße 92 85276 Pfaffenhofen a.d. Ilm Tel.: 08441 / 47 99 – 899 E-mail: firstname.lastname@example.org Web: www.wargitsch.com
- Our data protection officer is: Mr. Sascha Weller, lawyer, IDR – Institute for Data Protection Law Ziegelbraeustraße 7 85049 Ingolstadt Tel.: 0841 – 885 167 15 E-mail: email@example.com Web: www.idr-datenschutz.de
- When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) are automatically stored by us in order to answer your questions. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored exclusively for the purposes of processing or contacting the data subject. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are statutory retention obligations.
- If we use commissioned service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail about the respective processes below. In doing so, we will also state the defined criteria for the storage period.
- As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
- As a responsible company, we do not use automatic decision-making or profiling.
3. your Rights
(1) You have the following rights in relation to us in respect of personal data relating to you:
– Right of access:
Any person affected by the processing of personal data has the right granted by the GDPR to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation Body has granted the data subject access to 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 in the case of recipients in third countries or international organisations
- 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 the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the 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: Any available information on the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
In addition, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.
– Right to withdraw consent under data protection law:
Any person affected by a processing of personal data has the right to withdraw consent to the processing of personal data at any time. If a data subject wishes to exercise this right to withdraw consent, he or she may, at any time and by any means of communication, contact any employee of the controller
– Right to rectification:
The data subject has the right to obtain from the controller the rectification without undue delay of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration. If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller..
– Right to erasure/right to be forgotten:
The data subject has the right to obtain from the controller the erasure without delay of personal data concerning him or her, and the controller is obliged to erase personal data without delay where one of the following reasons applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- the data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) and there is no other legal basis for the processing.
- the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2).
- the personal data have been processed unlawfully.
- the personal data have been collected in relation to information society services offered in accordance with Article 8(1).
- If a data subject wishes to exercise this right to erasure / the right to be forgotten, he or she may, at any time, contact any employee of the controller.
If we have made the personal data public and we are obliged to erase it pursuant to Article 17(1) of the Data Protection Regulation, we shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including those of a technical nature, to inform data controllers which process the personal data that a data subject has requested that they erase all links to or copies or replications of such personal data. Our staff will take the necessary measures.
– Right to restrict processing:
The data subject has the right to obtain from the controller the restriction of processing where one of the following conditions is met:
- 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 objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of legal claims; or
- the data subject has objected to the processing pursuant to Article 21(1), as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.If a data subject wishes to exercise this right to restrict processing, he or she may, at any time, contact any employee of the controller.
– Right to object to processing:
Any person concerned by the processing of personal data has the right granted by the GDPR to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
We 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 assertion, exercise or defence of legal claims.
If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to us to the processing for direct marketing purposes, we 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 which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
– Right to data portability:
The data subject shall have the right to receive the personal data concerning him or her which he or she has provided to a controller in a structured, commonly used and machine-readable format and shall have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that
- the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b); and
- the processing is carried out by automated means.
When exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and without prejudice to the rights and freedoms of other persons.
If a data subject wishes to exercise this right to data portability, he or she may, at any time, contact any employee of the controller.
– Automated decision in individual cases including profiling:
(1) Any person concerned by the processing of personal data shall have the right under the GDPR 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, unless the decision is necessary for the conclusion or performance of a contract between the data subject and the controller, or
- is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
- is authorised by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
- is carried out with the explicit consent of the data subject.
If the decision is necessary for entering into, or the performance of, a contract between the data subject and the controller, or if it is made with the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to assert rights with regard to automated decisions, he or she may contact an employee of the controller at any time.
(2) You also have the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data by us. The supervisory authority responsible for our company is as follows:
Bavarian State Office for Data Protection Supervision
Tel.: 0981 – 53 1300
4. Collection of personal data wehn visiting our website / cookies
1) When using our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO):
- IP address
- Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
- Internet service provider of the accessing system
- Content of the request (specific page)
- Access status/HTTP status code
- Amount of data transferred in each case
- Website from which the request came (referrer)
- Operating system and its interface
- Language and version of the browser software.
(2) Based on the stored connection data, this offer uses the tool “Webalizer”, a web analysis software for the statistical evaluation of user access to the offer. “Webalizer” creates overviews of, for example, the number of hits, file/page requests, visits, etc. based on the data of the server log files.
The aforementioned evaluations are carried out on the basis of Art. 6 para. 1 p. 1 lit. f DSGVO. The web analysis software used is intended to ensure a needs-based design and the ongoing optimisation of our offer. On the other hand, we use the web analysis software to statistically record the use of our offer and to evaluate it for the purpose of optimising our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.
A combination of these evaluations with other data sources, in particular with personal data, is not carried out. The information generated is stored by the provider exclusively in Germany. It is not passed on to third parties.
5. Further functions and offers of our website
- In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data which we use to provide the respective service and for which the aforementioned data processing principles apply.
- In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
- The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services, which we use for the purpose of operating this online offer.In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 (1) lit. f DSGVO in conjunction with Art. 28 DSGVO. Art. 28 DSGVO.
- Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.
- If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this in the description of the offer.
6. Data protection in the case of applications
The data controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is particularly the case if an applicant sends relevant application documents to the controller by electronic means, for example by e-mail or via a contact form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment contract in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted, provided that no other legitimate interests of the controller prevent such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
The processing of the applicant data is carried out to fulfil our (pre)contractual obligations in the context of the application procedure within the meaning of Art. 6 (1) lit. b. DSGVO Art. 6 para. 1 lit. f. DSGVO insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 BDSG also applies).
7. Objection or revcation against the processing of your data
- If you have given consent to the processing of your data, you may withdraw this consent at any time and by any means of communication. Such a revocation will affect the permissibility of processing your personal data after you have expressed it to us.
- Where we base the processing of your personal data on the balance of interests, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
- Of course, you can object to the processing of your personal data for advertising and data analysis purposes at any time. You can contact us about your advertising objection at the address given in point 2 (2).
8.Legal or contractual regulations for the provision of personal data/necessity for the conclusion of a contract/consequences of non-provision/deletion
- We would like to inform you that the provision of personal data is sometimes required by law. However, it may also be possible that a data subject must provide us with personal data in order for a contract to be performed. Failure to provide such data would mean that the contract could not be concluded. Our staff will be happy to answer any questions you may have on a case-by-case basis.
- The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
According to legal requirements, data is stored in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
9. Plugins and Tools
- Google Web Fonts
- Use of ajax.googleapis.com and jQuery
On this site we use Ajax and jQuery technologies, which optimises loading speeds. In this regard, program libraries are called from Google servers. Google’s CDN (content delivery network) is used. If you have previously used jQuery on another page from the Google CDN, your browser will fall back on the cached copy. If this is not the case, this will require a download, whereby data from your browser will be passed to Google!Inc. (“Google”). Your data will be transferred to the USA. You can find out more on the providers’ pages.legal basis for the processing of your data is Art. 6 para. 1 p. 1 lit. f DS-GVO.
10. Web Analytics
(1) Use of Google Analytics
- This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”. Cookies are text files on your computer that support the website analyzing how users utilize the site. The information, generated by the cookie about your use of this website, is usually transmitted to a Google server in the USA and is stored there. If the IP anonymization is activated on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity and provide other services relating to website activity and internet usage to the website operator.
- The IP address that is transmitted by your browser as part of Google
- Analytics won’t be merged with other data from Google.
- This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in abbreviated form, thus excluding the possibility of personal references. So far as the data collected about you is related to a person, this is therefore immediately excluded, and the personal data thus immediately deleted. The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. The deleting of data that reaches its retention period takes place automatically once a month.
- We use Google Analytics to analyze and regularly improve the use of our website. The obtained statistics allow us improving our offer and making it more interesting for you as a user. The legal base of the use of Google Analytics is Art. 6 Abs. 1 S. 1 lit. f DSGVO.
- Furthermore, this website uses Google Analytics to analyze cross-device streams of visitors. This analysis is conducted over a user-ID. You can deactivate the cross-device analysis of your use in you customer account under “my data”, “personal data”. Opt-out-cookies prevent your future data collection while visiting the website. To prevent the collection through universal analytics cross-device, you must carry out the opt-out on all used systems. If you click here, the opt-out-cookie will be placed: Deactivate Google Analytics.
11. Social Media
(1) Use of social media plug-ins/links
- We currently use the following social media plug-ins/links: Facebook, Xing, LinkedIn. You can recognize the provider of the plug-in/link by the mark on the box above its initial letter or logo. We open the possibility for you to communicate directly with the provider of the plug-in via the button. Only if you click on the marked box and thereby activate it, the plug-in provider receives the information that you have called up the corresponding website of our online offer. In addition, the data mentioned in section 4 of this declaration will be transmitted. In the case of Facebook and Xing, according to the respective providers in Germany, the IP address is anonymized immediately after collection. By activating the plug-in, personal data is therefore transmitted from you to the respective plug-in provider and stored there (in the case of US providers, in the USA). Since the plug-in provider collects the data in particular via cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the grayed-out box.
- We have no influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also have no information about the deletion of the collected data by the plug-in provider.
- The plug-in provider stores the data collected about you as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. f DSGVO.
- The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected from us will be directly assigned to your account with the plug-in provider. If you click the activated button and link to the page, for example, the plug-in provider also saves this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid an assignment to your profile with the plug-in provider.
- For further information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the data protection declarations of these providers provided below. There you will also receive further information about your rights in this regard and setting options for protecting your privacy.
- Addresses of the respective plug-in providers and URL with their privacy notices:
New Work SE, Am Strandkai 1, 20457 Hamburg, DE; https://www.xing.com/privacy.
LinkedIn Inc., 1000 W Maude Sunnyvale, California 94085, USA; https://www.linkedin.com/legal/privacy-policy.