Duty to inform for data collection

Data protection notice for customers, suppliers, partners, clients, visitors and interested parties

With this data protection notice we inform you about how we process your personal data and which rights are granted to you by data protection law in this context. The individual personal data that are processed by you and the scope of the processing depends on the legal provisions and the content of the contractual business relationship that has been agreed with you. It may therefore be that not all parts of this data protection information are applicable to you.

I. Responsible for data processing

Responsible is the:
J. Wagner GmbH
Otto-Lilienthal-Str. 18
88677 Markdorf
Phone: +49 (0) 75 44 / 5 05-0
Fax: +49 (0) 75 44 / 5 05-2 00
You can contact our company data protection officer at:
Phone: +49 (0) 75 44 / 5 05-0
Fax: +49 (0) 75 44 / 5 05-2 00

II. Data processed and their origin

First and foremost, we process the personal data that we receive or have collected from the data subjects within the scope of the business or customer relationship. We also process data provided on the basis of inquiries / visits / registrations (e.g. Internet shop), consents (e.g. newsletter dispatch) etc. within the legally permitted framework.
In addition, we also process personal data provided to us in the context of order processing and data from publicly accessible sources (e.g. press, Internet), insofar as this is necessary and permissible for the respective purposes. We also process personal data that are legally transmitted to us by other companies of the Wagner Group or by third parties (e.g. credit insurance, receivables management, indications of criminal acts).
The personal data processed by us in this context consists of personal data / identification data (name, address, contact data, user ID etc.), data from the fulfilment of our contractual obligations (bank data, history, authorisations etc.), data made available to us within the scope of consents and other data which are comparable with the categories mentioned.

III. Processing purposes and legal bases

The personal data are processed by us in accordance with the regulations of the EU data protection basic regulation (GDPR) and the Federal Data Protection Act (BDSG) on the basis of the following legal bases:
1. a) For the performance of a contract (Art. 6 (1) lit. b GDPR)
The processing of personal data is necessary for the fulfilment of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject.
If you make use of additional services, your data will be processed to the extent necessary to provide these additional services.
1. b) In the context of contract processing (Art. 28 GDPR)
The processing of personal data on behalf of the customer takes place exclusively in accordance with instructions and within the framework of legal regulations.
2. In the context of a balance of interests (Art. 6(1)(f) GDPR)
Beyond the actual fulfilment of the contract with you, we process your data to the extent necessary to protect our legitimate interests or the legitimate interests of third parties, provided that your interests do not predominate. Examples are:
  • Internal and external communication
  • Documentation
  • Internal and external monitoring (ICS controls or key figures)
  • Internal and external investigations, safety reviews
  • Measures for business management and further development of services and products
  • Advertising
  • Authorization management
  • IT security measures
  • Event Management
  • Assertion / defence of legal claims, also in legal disputes
  • Prevention and detection of criminal offences
  • measures for building and system security (e.g. access controls)
  • Measures to secure the domiciliary right
  • Risk management via the Wagner Group of Companies
3. On the basis of your consent (Art. 6 para. 1 lit. a GDPR)
If you have consented to certain processing of your personal data (e.g. newsletter dispatch, participation in advertising campaigns), your personal data will be processed lawfully on the basis of this consent. You can revoke your consent at any time with effect for the future. This also applies to declarations of consent that you have given us before the GDPR has entered into force, i.e. before May 25, 2018 Since the revocation of a consent is valid for the future, it does not affect the effectiveness of the processing until the time of the revocation.
4. Statutory or legal provisions (Art. 6(1)(c) GDPR or in the public interest (Art. 6(1)(e) GDPR)
In addition, we as a company have various legal obligations (e.g. tax laws, money laundering laws). These include identity checks, fraud and money laundering prevention, the fulfilment of tax control and reporting obligations as well as the assessment and control of risks in the company and the Wagner Group.

IV. Processing principles

The company ensures the implementation of appropriate technical and organisational measures for data security by internal regulations and - if the data are processed by an external service provider - by corresponding contractual agreements, for example by using the EU standard contract clauses for data processing outside the European Union.
Please arrange for any necessary changes to your data in good time. You can contact the relevant departments or the data protection officer to clarify questions about your data and request both information and the correction / deletion of incorrect or no longer required data.

V. Recipient of the data

In compliance with the statutory provisions and the existing internal regulations, the departments that require your data to fulfil our contractual and statutory obligations have access to it. Similarly, service providers and vicarious agents (e.g. IT service providers, logistics, telecommunications, debt collection, consulting, financial services, marketing agencies, insurance companies...) employed by us may access your data for these purposes, provided that you maintain the confidentiality and integrity of the data in particular.
We only pass on personal data to recipients outside our company if and insofar as this is necessary in compliance with the applicable data protection regulations. We may only disclose information about you if required to do so by law, if you have given your consent or if we are authorized to provide such information. Recipients of personal data may be, for example:
  • For operational purposes
    • To other companies of the Wagner Group
    • To service providers / contractors
    • To customers, suppliers, partners
  • Obligations to report and provide information
    • To authorities and other bodies (e.g. tax authorities, auditors)
  • To clarify claims and accusations
    • Lawyers, prosecution authorities, creditors or insolvency administrators
  • For recipients that you have explicitly named
    • To credit and financial services institutions
In addition, your personal data may be transferred to recipients for whom you have given us your consent. The same applies to bodies to which we may transfer personal data on the basis of a balance of interests.

VI. Transfer of data to third countries or international organisations

We transfer personal data to bodies in countries outside the European Union (so-called third countries) insofar as
  • it is required by law (e.g. tax reporting obligations)
  • you have consented or
  • the transmission is necessary to protect our legitimate interests and your interests or fundamental rights and freedoms do not outweigh the protection of your personal data.
In addition, personal data will be transferred to bodies in third countries in the following cases:
  • With the consent of the data subject or on the basis of legal regulations to combat money laundering, the financing of terrorism or other criminal acts and on the basis of a balance of interests, personal data will in individual cases be transmitted to the European Union in compliance with the data protection level.

VII. Duration of the storage of personal data

Your personal data will only be stored or otherwise processed by us for as long as is necessary to achieve the respective purpose.
Once the purpose of the processing has ceased to apply (e.g. legal transaction concluded), the corresponding personal data will be deleted. The deletion may be postponed in the following cases:
  • Compliance with legal retention periods (e.g. German Commercial Code (HGB), German Banking Act (KWG), German Money Laundering Act (GwG). The storage periods mentioned there are generally 6 to 10 years.
  • Fulfilment of justified retention periods (e.g. for customer service, inquiries, log files).
  • Securing of evidence within the statutory statute of limitations. According to §§ 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years. The regular limitation period is 3 years.
If we or a third party process your data on the basis of the above-mentioned weighing of interests, we will delete your personal data as soon as our legitimate interest no longer exists. The above-mentioned exceptions also apply here.
Data deletion takes place within the deletion routines implemented by the process owners.
In the event of consent, the data will be deleted as soon as the consent is revoked for the future, unless one of the above-mentioned exceptions exists.

VIII. Internal monitoring and investigation

To protect against the various threats to our IT - e.g. by malware, hacker attacks, spam - and the intellectual property, different procedures are used in which the information exchanged is checked for viruses, for example, and the connection data for anomalies. When anomalies are discovered, the relevant documents and connection data can be analyzed.
In order to comply with existing supply and payment restrictions - for example on companies and persons listed on various government lists - a comparison can be made against this list.
In addition, in suspicious cases, in official investigations and to defend against claims against our company, an investigation and, if necessary, the surrender of data and documents on the persons concerned may be necessary.
In all cases, our internal regulations, the legal requirements and the personal rights of those affected are observed.

IX. Rights of the person concerned

Under Art. 15 of the GDPR, any person concerned has a right of access. According to Art. 16 of the GDPR, the data subject may request the rectification of inaccurate personal data. According to Art. 17 of the GDPR, the data subject has a right of cancellation or, according to Art. 18, a right of processing restriction. Similarly, under the conditions laid down in Art. 21 GDPR, the data subject may object to the processing of personal data concerning him/her. According to Art. 20 of the GDPR, the data subject has a right to data transferability. To assert these rights, please contact the data protection officer or the relevant department:
In addition, pursuant to Art. 77 GDPR in conjunction with § 19 BDSG, you have a right of appeal to the responsible data protection supervisory authority.
A given consent can be revoked at any time.

X. Obligation to provide personal data

Within the framework of the legal transaction to be carried out with you, you are obliged to provide the personal data required for the execution of the legal transaction and for the fulfilment of the associated contractual obligations or which we are legally obliged to collect.
If you do not provide certain personal data, you may suffer disadvantages or the legal transaction may not be concluded.

XI. Automated decision making

According to Art. 22 of the GDPR, automated decisions can only be taken if they are necessary for the conclusion or fulfilment of a contract or if they are permitted by law or if they are legitimised by the express consent of the person concerned.
If we use such procedures in individual cases, you will be informed about this and about your associated rights within the framework of legal requirements.

XII. Profiling

Some of your data will be processed automatically in order to evaluate certain personal aspects (profiling). For example, we are required by law and regulation to combat money laundering, terrorist financing and asset-polluting crimes. In this context, data analyses are also carried out.

XIII. Information on your right of objection under Art. 21 GDPR 1

1. Right of objection in individual cases
You have the right to object at any time for reasons arising from your particular situation to the processing of personal data concerning you, which is based on Art. 6 (1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests); this also applies to profiling based on these provisions.
If you object, we will no longer process your personal data. Anything to the contrary shall only apply if we can prove compelling legitimate reasons for the processing which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims.
2. Recipient of an opposition
The objection can be made form-free with the subject "objection" stating your name, address and, if applicable, contact data and should be addressed to the data protection officer.

1. An overview of data protection

1.1 General

J. Wagner GmbH (further legal information can be found in the Legal Information section) is the entity responsible for complying with data protection legislation relating to this website. We are delighted by your interest in our website, and we want you to feel secure and happy during your visit. J. Wagner GmbH (hereinafter "WAGNER") therefore takes the protection of your personal data very seriously. This data privacy statement is intended to inform you about which personal data we collect from you when you use our website, and for what purposes we process and use this data.
The data privacy statement has a modular structure to make it easy for you to find specific information. By following this link https://go.wagner-group.com/internet_dataprotection_en you can view or download the complete text as a PDF file.
WAGNER reserves the right to modify its data privacy statement at any time to reflect changing legal provisions and requirements, or to make other updates as it sees fit. Please keep yourself up to date about changes to the data privacy statement by visiting the relevant link from our website to view it.
If you have any general questions about our website, please get in touch with us:
Tel: +49 7544 505 0
E-mail: online-services@wagner-group.com

1.2 Data collection on our website

Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
When visiting our website, statistical analyses may be made of your surfing behaviour. This happens primarily using cookies and analytics. The analysis of your surfing behaviour is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy. You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

2.1 Data protection

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.
Please note that data transmitted via the internet (e. g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
J. Wagner GmbH
Otto-Lilienthal-Str. 18
88677 Markdorf
Phone: +49 7544 505-0
Fax: +49 7544 505-200
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

2.2 Information, blocking, deletion and correction

You have the right to find out about the personal details we have stored about you and also the right to block, delete and correct erroneous data.
In such instances, please use the contact form so that we are able to attend to your request.
If you would prefer to contact WAGNER's Data Security Officer to exercise these rights rather than WAGNER itself, you are of course welcome to do so (Datenschutz.Deutschland@wagner-group.com).

2.3 Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

2.4 Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered.

2.5 Right to data portability

You have the right to have data which we process based on your consent or in fulfilment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

3. Data protection officer

Statutory data protection officer
We have appointed a data protection officer for our company. If you have any questions regarding the use of your personal data or the enforcement of your rights, please do not hesitate to contact them.
Phone: +49 7544 505-0
Fax: +49 7544 505-200
J. Wagner GmbH
Statutory data protection officer
Otto-Lilienthal-Str. 18
88677 Markdorf

4. Data collection on our website

4.1 Registration on this website (InfoNet)

You can register for the InfoNet on our website to use additional functions on the site. We use the data entered for this purpose only for the purpose of using the InfoNet. The mandatory information requested during registration must be provided in full. Otherwise we will refuse the registration.
In the event of important changes, such as the scope of the offer or technically necessary changes, we will use the e-mail address provided during registration to inform you in this way.
Personal data is only captured and stored if you provide this information voluntarily, for example during the registration process or when ordering or as part of the order handling process.
To set up your personal customer account we need the following information from you: Surname, first name, company, address, e-mail address, telephone number and a user name and password of your choice. When you click the "Submit" button, your data will be stored in our InfoNet database. After registration, you will receive confirmation by e-mail after the approval process has been completed that your customer account has been set up. The user name you have provided and your chosen password will also be used as your means of accessing your customer account. You can modify your data in your customer account at any time. To modify the data in your customer account or to delete the account, please contact the InfoNet administration team (infonet@wagner-group.com).
Your access ID and password should be kept secret and must not be shared with third parties. You are obliged to protect your access ID and password against unauthorised access by third parties.
The data entered during registration will be processed on the basis of your consent (Art. 6 (1) (b) DSGVO). You can revoke your consent at any time. All you need to do is send an informal message via the contact form or by e-mail to our data protection officer. The legality of the data processing already carried out remains unaffected by the revocation.
The data collected during registration is stored by us as long as you are registered on our website and is subsequently deleted. Legal retention periods remain unaffected.

4.2 Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfil a contract or for measures preliminary to a contract.
In order to avoid bad debts, we can, on the basis of Art. 6 (1) (b) DSGVO, in accordance with our legitimate interest, after placing an order with Euler Hermes Forderungsmanagement GmbH, Risk Management Division, P.O. Box 50 07 40, 22707 Hamburg, Germany, to submit your credit assessment data. In a credit check, a so-called score value is calculated on the basis of a mathematical procedure, which makes statements about your solvency. This usually happens as soon as a credit limit of € 1,000 is exceeded. We would like to point out that Euler Hermes Forderungsmanagement GmbH continues to use the transmitted data for its own purposes. You can object to the transmission of this data to Euler Hermes Forderungsmanagement GmbH at any time, however, the execution of the purchase contract may then not be possible.
Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

4.3 Cookies

Cookies are small text files that our server stores in a separate area of your browser on your PC if your browser allows this. Cookies are distinguished partly based on how long they are stored for. Session cookies are deleted automatically when you close your browser. A session cookie can be used to manage a shopping basket or define which products are of particular interest to you. Permanent cookies, on the other hand, remain stored on your PC. Your browser can tell you how long they are stored for. A permanent cookie can be re-read next time you visit our website. To prevent this, you can delete the permanent cookie after visiting our website. Permanent cookies can be used, for example, to store your preferred language in your browser after you have visited us.
Cookies are also distinguished based on their origin. First-party cookies always come from the website specified in the address bar of your browser. Third-party cookies come from websites that you have not visited directly, but which have been integrated through images or advertising on the first party's website. Your browser can then tell you where the cookies stored on your PC come from.
The first time you visit our site, a banner will appear indicating our use of cookies. By clicking on the "I agree" button, you agree to our use of cookies on the basis of your consent (Art. 6 (1) (b) DSGVO).
Third-party cookies are also set by our web server. These include for instance Google Analytics and Mouseflow.
Most browsers are set to accept cookies. To turn this off, please change the corresponding settings of your browser. If your browser does not allow cookies, you may not be able to visit all pages of our website without interruption.

4.4 Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfil a contract or for measures preliminary to a contract.

5. Analytics and advertising

5.1 Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analysing user behaviour to optimize both its website and its advertising.
IP anonymization
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
Browser plugin
You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objecting to the collection of data
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
For more information about how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic data collection by Google Analytics
This website uses Google Analytics' demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section "Refusal of data collection".

5.2 Mouseflow

This website uses Mouseflow, a web analysis tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, in order to record randomly selected individual visits (only with an anonymised IP address). This creates a log of mouse movements and clicks with the intention of playing back individual website visits randomly and deriving potential improvements to the website as a result. The information is not personalised and is not passed on to third parties.
The web analysis tool 'Mouseflow' is used on the basis of Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analysing user behaviour to optimize both its website and its advertising.
Objecting to the collection of data
If you do not want the information to be recorded, you can disable this on all websites that use Mouseflow by clicking the following link: www.mouseflow.com/opt-out/.

5.3 Google Analytics Remarketing

Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behaviour on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).
Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.
To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.
You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.
The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) DSGVO. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analysing anonymous user behaviour for promotional purposes.
For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/.

5.4 Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").
reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyses the behaviour of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e. g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.
The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.
Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.
For more information about Google reCAPTCHA and Google's privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

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