WARGITSCH & COMP. AG
Augsburger Str. 3 | 85309 Poernbach, Germany
Court of Registry: Amtsgericht Ingolstadt HRB 5063 | VAT-Ident.-Number.: DE 814998101
T +49 (0) 8446 92 8 93 – 0 | Fax +49 (0) 8446 92 8 93 – 29
Authorized representative of the board of directors: Dr. Christoph Wargitsch
Chairman of the Supervisory Board: Prof. Dr. Gerold Riempp
Responsible for content according to § 6 MDStV: Dr. Christoph Wargitsch
Data protection is the responsibility of WARGITSCH & COMP. AG and is a special concern. Our efforts in particular to meet the requirements of the European General Data Protection Regulation (GDPR) and the Bundesdatenschutzgesetz in its new version are primarily aimed at respecting your privacy and personal sphere.
For modern companies like the WARGITSCH & COMP. AG, the use of electronic data processing systems (EDP) is indispensable. Of course, we will do our utmost to comply with the legal regulations.
A use of the Internet pages of the WARGITSCH & COMP. AG is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services of 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 consent of the person concerned.
Under no circumstances will we sell or rent your personal information to third parties for their marketing or other purposes. If you do not agree with the provisions of the data protection regulations, please do not send any personal data to us.
1. General / Definitions
This data protection declaration is based on terms of the GDPR and should be easy to read and understand for every person. For this reason, we would like to explain various terms in advance:
(a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject 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 carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organization, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, 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 is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymization means 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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
(g) Responsible person
The controller shall be 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
(h) Processor/processor of data by subcontractor
Processor / data processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
(j) Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. Information on the collection of personal data
(1) In the following we inform you about the collection of personal data when using our website. Personal data are all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior, etc.
(2) The person responsible pursuant to Art. 4 Para. 7 of the EU General Data Protection Regulation (GDPR) is
WARGITSCH & COMP. AG
represented by the Executive Board Dr. Christoph Wargitsch
Augsburger Str. 3
85309 Pörnbach, Germany
(3) Our data protection officer is:
Mr. Sascha Weller, Attorney at Law, IDR – Institute for Data Protection Law
85049 Ingolstadt, Germany
Phone: + 49 (0) 841 – 885 167 15
(4) When you contact us by e-mail or via a contact form, the data you provide us with (your e-mail address, possibly your name and telephone number) will be 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 purpose of processing or contacting the data subject. We delete the data arising in this connection after the storage is no longer necessary, or restrict the processing if there are legal storage obligations.
(5) If we wish to use contracted service providers for individual functions of our offer or to use your data for advertising purposes, we will inform you below in detail about the respective processes. We will also specify the criteria for the storage period.
(6) As the data controller, we have implemented numerous technical and organizational 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, each person concerned is free to transmit personal data to us by alternative means, such as telephone.
(7) As a responsible company, we refrain from automatic decision-making or profiling.
3. Your rights
(1) You have the following rights against us with regard to the personal data concerning you:
– Right of access:
Every person affected by the processing of personal data has the right granted by the GDPR to obtain at any time free information from the controller about the personal data stored about him and a copy of this information. Furthermore, the European Directive and Regulation Body has granted the data subject access to the following information:
(a) the purposes of the processing
(b) the categories of personal data processed
(c) 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 organizations
(d) if possible, the envisaged duration for which the personal data will be stored or, if this is not possible, the criteria for determining such duration
(e) the existence of a right to rectify or erase personal data relating to him or her or to limit the processing carried out by the controller or of a right to object to such processing
(f) the existence of a right of appeal to a supervisory authority
(g) where the personal data are not collected from the data subject: All available information on the origin of the data
(h) the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has the right to know whether personal data have been transferred to a third country or to an international organization. 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 may at any time contact a member of staff of the controller.
– Right to revoke consent under data protection law:
Every person affected by the processing of personal data has the right to revoke 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 do so at any time and by any means of communication by contacting an employee of the controller.
– Right to rectification:
The data subject shall have the right to request the controller to rectify without delay any inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right 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 access, he or she may at any time contact an employee of the controller.
– Right to deletion / Right to be forgotten:
The data subject shall have the right to obtain from the controller the immediate erasure of personal data relating to him or her and the controller shall be obliged to erase personal data immediately if one of the following reasons applies:
(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
(b) 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.
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21(2).
(d) the personal data have been unlawfully processed.
(e) the erasure 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.
(f) 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 of cancellation/forgetfulness, he or she may at any time do so by contacting a member of staff of the controller.
If we have made the personal data public and we are obliged to delete them pursuant to Art. 17 (1) GDPR, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the data controllers processing the personal data that a data subject has requested them to delete all links to this personal data or copies or replications of this personal data. Our employees will take the necessary measures.
– Right to limit the processing:
The data subject shall have the right to request the controller to restrict the processing if one of the following conditions is met:
(a) the accuracy of the personal data is contested by the data subject for a period of time which enables the controller to verify the accuracy of the personal data,
(b) 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;
(c) the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the exercise, exercise or defence of legal rights; or
(d) the data subject has objected to the processing referred to in Article 21(1) before it has been established whether the legitimate reasons of the controller outweigh those of the data subject.
If a data subject wishes to exercise this right of limitation, he or she may at any time contact a member of staff of the controller.
– Right to object to the processing:
Any person concerned by the processing of personal data has the right under the GDPR to object at any time, for reasons relating to his/her particular situation, to the processing of personal data concerning him/her carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of objection, we will no longer process the personal data 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 we process personal data for the purpose of direct advertising, the data subject 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 data subject objects to our processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject shall have the right to object to the processing of personal data relating to him or her by us for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR for reasons arising from his or her particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact any employee directly. The data subject is also free to exercise his or 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.
– Right to data transferability:
The data subject shall have the right to obtain the personal data concerning him which he has provided to a controller in a structured, common and machine-readable format and shall have the right to communicate such data to another controller without interference from the controller to whom the personal data have been provided, provided that
(a) the processing is based on a consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b); and
(b) the processing is carried out by automated means.
When exercising his/her right to data transferability pursuant to Art. 20 para. 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, provided that this is technically feasible and that the rights and freedoms of other persons are not impaired.
If a data subject wishes to exercise this right to data transfer, he or she may at any time contact an employee of the controller.
– Automated decision in individual cases including profiling
Any person data subject to 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 has legal effects on 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 authorized by Union or national legislation to which the data controller is subject and contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
(3) with the express consent of the data subject.
Where the decision is necessary for the conclusion or performance of a contract between the data subject and the data controller or with the express consent of the data subject, we shall take reasonable steps to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to state his or her views and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
(2) You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. The supervisory authority responsible for our company is as follows:
Bayerisches Landesamt für Datenschutzaufsicht
91522 Ansbach, Germany
Phone: 0981 – 53 1300
4. Collection of personal data when you visit our website
(1) If you only use our website for information purposes, i.e. if you do not register or otherwise provide us with information, 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 guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Internet service provider of the accessing system
– Contents of the request (concrete page)
– Access status/HTTP status code
– amount of data transferred in each case
– Website from which the request comes (referrer)
– Operating system and its interface
– Language and version of the browser software
This website uses, based on stored access data, the tool “Webalizer”, which is a web analysis software for statistical evaluation of user access to this site. “Webalizer” compiles, based on the information of the server log files, for example an overview of the number of page hits, file requests and more. The aforementioned evaluations are being conducted based on Art. 6 Para. 1 S. 1 Letter F DSGVO. Using this analysis software, we are able to optimize and continuously improve the user experience. We also use the gathered data to gain statistical insight in the use of our website and to enhance our services in order to make them more user friendly. These interests are considered legitimate in terms of the earlier mentioned prescription. Data-matching, especially using individual-related data, will not be performed. The gathered and generated information will only be stored at our hosting provider in Germany. None of this data will be shared with third parties.
5. Further functions and offers of our website
(1) 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 must generally provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) 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 checked regularly.
(3) The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services which we use for the purpose of operating this online service.
Here 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 to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f GDPR in connection with Art. 28 GDPR.
(4) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, contracts or similar services together with partners. You will receive further information on this when you enter your personal data or in the description of the offer below.
(5) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
6. Data protection for applications
The 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 contact form on the website, to the 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 contract in compliance with the statutory provisions. If the controller does not conclude an employment contract with the candidate, the application documents shall be automatically deleted, 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).
The processing of the applicant data is carried out to fulfil our (pre)contractual obligations within the scope of the application procedure within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR insofar as data processing becomes necessary for us, e.g. within the framework of legal proceedings (in Germany, § 26 BDSG additionally applies).
7. Objection or revocation against the processing of your data
(1) If you have given your consent to the processing of your data, you can revoke it at any time and by any means of communication. Such a revocation influences the permissibility of processing your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on a weighing of interests, you may object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of 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 examine the situation and either discontinue or adapt the data processing or point out our compelling reasons worthy of protection on the basis of which we will continue the processing.
(3) You may of course 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 section 2 (2).
8. Statutory or contractual provisions governing the provision of personal data/ necessity for the conclusion of a contract/ consequences of nonprovision/deletion
(1) We would like to inform you that the provision of personal data is partly required by law. However, it is also possible that a data subject may be required to provide us with personal information in order for a contract to be performed. Failure to do so would result in the contract not being able to be concluded. Our employees will be happy to answer any questions you may have on a case-by-case basis.
(2) The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
According to legal requirements, the 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 (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (German Commercial Code) (commercial letters).
9. Plugins and Tools
(1) Google Web Fonts
This page uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to Google’s servers. This enables Google to know that your IP address has been used to access our website. The use of Google WebFonts is in the interest of a uniform and appealing presentation of our online services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If your browser does not support web fonts, a standard font will be used by your computer.
(2) Use of ajax.googleapis.com and jQuery
On this page we use Ajax and jQuery technologies to optimize loading speeds. In this respect, program libraries are accessed from Google servers. The CDN (Content delivery network) from Google is used. If you have previously used jQuery on another Google CDN page, your browser will use the cached copy. If this is not the case, it will require downloading, whereby data from your browser will be sent to Google Inc. (“Google”). Your data will be transferred to the USA. You can find out more on the pages of the providers.
The legal basis for the processing of your data is Art. 6 Para. 1 S. 1 lit. f GDPR.