We appreciate your interest in our company. Data protection is of particular importance to the management of WITEC AG. It is possible to use the internet pages of WITEC AG without supplying any personal information. However, if a data subject wishes to make use of the special services offered by our company via our website, we may need to process your personal data. If the processing of personal data is necessary and there is no legal basis for such processing, the subject generally must consent to us processing their data.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to WITEC AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
WITEC AG has implemented numerous technical and organisational measures as the group responsible for the processing of personal data in order to ensure that all personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of WITEC AG is based on the terms used by the European guideline and regulation provider when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this data protection declaration, we use, among others, the following terms:
- a) Personal data
Personal data are all information relating to an identified or identifiable person (hereinafter referred to as "data subject"). Identifiable refers to a person who can be identified directly or indirectly, in particular through the assignment of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of said person.
- b) data subject
Data subject is any identified or identifiable person whose personal data are processed by the controller.
- c) Processing
Processing is any operation or set of operations which is performed with personal data or with sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Limitation of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
- e) Profiling
Profiling refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymization
Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable person.
- g) Data controller
The data controller is the legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing 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 the specific criteria for their appointment may be laid down in accordance with Union law or the law of the Member States.
- h) Processor
Processor refers to a legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
Recipient refers to a legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may be entitled to receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
- j) Third party
Third party refers to a 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 authorized to process personal data.
- k) Consent
Consent refers to any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. Name and Address of the Controller
The Controller responsible for 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:
Heitersheimer Straße 6
Phone: +49(0) 7634 5053 - 0
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting using the Internet browser used and thus permanently prevent cookies from being used. Furthermore, cookies that have already been set can be deleted at any time using an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies on the Internet browser used, not all functions of our Internet site may be fully usable.
4. Collection of general data and information
The website of WITEC AG collects a series of general data and information every time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record (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 referrer), (4) the sub-pages which are accessed via an accessing system on our website, (5) the date and time the website was accessed, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our IT systems.
When using this general data and information, WITEC AG does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our IT systems and the technology on our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. These anonymously collected data and information are therefore evaluated by WITEC AG statistically with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. It is possible to contact us via the website
WITEC AG's website contains information that enables customers to quickly contact our company, as well as direct communication with us, which also includes a general e-mail address. If a data subject contacts the controller by e-mail or via a contact form, any 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.
6. Routine deletion 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 is routinely blocked or erased in accordance with legal requirements.
7. Rights of the data subject
- a) Right of confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- b) Right of access
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
- the purposes of processing
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data has 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 a right to rectification or erasure of the personal data concerning you or of a restriction of the processing by the person responsible or of a right 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, in accordance with Article 22 Paragraph1 and 4, GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject has a right of access to information as to whether personal data has been transferred to a third party or to an international organisation. If this is the case, the data subject, in addition, has the right to obtain information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to avail themselves of this right of access, he or she may, at any time, contact any employee of the controller.
- c) Right to rectification
Any person subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, 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 to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to deletion (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 is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws his/her consent to the processing pursuant to Art. 6 Paragraph 1 letter a GDPR or Art. 9 Paragraph 2 letter a GDPR and there is no other legal basis for processing.
- Pursuant to Art. 21 Paragraph 1 DS-GMO, and there are no overriding legitimate grounds for processing, or the data subject is entitled to submit an objection pursuant to Article 21 Paragraph 2 GDPR objecting to the processing.
- The personal data has been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the responsible person is subject.
- The personal data concerning you has been collected in relation to services offered by the information society according to Art. 8 Para. 1 GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have their personal data stored at WITEC AG deleted, he/she may contact an employee of the data controller at any time. The employee of WITEC AG will arrange for the data to be deleted immediately.
If the personal data was made public by WITEC AG and our company is responsible according to Art. 17 Paragraph 1 GDPR for the deletion of personal data, WITEC AG shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other data processors who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. The employee of WITEC AG will arrange everything on an individual basis.
- e) Right to restrict processing
Each data subject shall have the right granted by the European legislator to ask that the controller restricts 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 to by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If any one of the above mentioned conditions is fulfilled and a data subject wishes to request the restriction of personal data stored by WITEC AG, they can contact an employee of the data controller at any time. The employee of WITEC AG will then restrict the processing.
- f) Right to data portability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. They also have the right to transmit this data to another data controller without obstruction by the data controller to whom the personal data have been provided, provided that the processing is based on the consent provided for in Art. 6 Paragraph 1 letter a GDPR or Art. 9 Paragraph 2 letter a GDPR or on a contract in accordance with Art. 6 para. 1 letter b GDPR and processing is carried out by means of automated procedures, except where processing is necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
Furthermore, in exercising theit right to data transferability pursuant to Art. 20 Paragraph 1 GDPR, the right to require that the personal data is transmitted directly from one responsible person to another responsible person, as far as technically feasible and provided that this does not affect the rights and freedoms of others.
To assert the right to data transferability, the person concerned can contact an employee of WITEC AG at any time.
- g) Right to object
Any person subject to the processing of personal data shall at all times have the right granted by the European legislator for reasons arising from his or her particular situation to oppose the processing of personal data relating to him or her which, pursuant to Article 6 Paragraph 1 letter e or f GDPR of this Directive may be refused at any time . This also applies to profiling based on these provisions.
WITEC AG will no longer process personal data in the event of an objection, unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If WITEC AG processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to any profiling connected with such direct advertising. If the person concerned objects to WITEC AG processing for direct advertising purposes, WITEC AG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his/her particular situation, to object to the processing of personal data concerning him/her for scientific or historical research purposes or for statistical purposes at WITEC AG in accordance with Art. 89 Paragraph 1 GDPR, unless such processing is necessary to fulfil a task in the public interest.
To exercise the right of objection, the person concerned may directly contact any employee of WITEC AG or any other employee. The data subject shall also be free to exercise his/her right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
- h) Automated individual decision-making, including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has a legal effect against them or significantly affects them 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 admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, WITEC AG shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state their own position and to challenge 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 company.
- 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 company.
8. Data protection for applications and in the application procedure
The 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 sends corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interests in this sense are, for example, a burden of proof in proceedings under the General Equal Treatment Act (GETA).
9 Data protection regulations on the use and application of Google Analytics (with anonymisation function)
The data processor has integrated the Google Analytics component (with anonymisation function) into this website. Google Analytics is a web analytics service. Web analysis is surveying, collecting and analysing data about the behaviour of visitors to websites. A web analysis service collects, among other things, data on the website from which a data subject has accessed a website ("referrer"), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. A web analysis is mainly used to optimise a website and for cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the suffix "_gat._anonymizeIp" for the web analysis via Google Analytics. Using this addition, Google shortens and anonymises the IP address of the data subject when accessing our Internet pages from a Member State of the European Union or from another signatory state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports showing us the activities on our websites, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the person in question. Cookies have already been explained above. The placement of this cookie enables Google to analyse the use of our website. Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.
Cookies are used to store personal information, such as the time of access, the location from which access came and the frequency of visits to our website by the data subject. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.
The data subject can prevent cookies being set by our website at any time, as already described above, by using an appropriate setting of the Internet browser used and therefore permanently object to cookies being set. Setting the Internet browser used in this way would also prevent Google from placing a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programmes.
10. Legal basis of processing
Art. 6 I letter a GDPR serves our company as a 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 a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I letter b GDPR. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I letter c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another person. This would be the case, for example, if a visitor were injured at our company and their name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I letter d GDPR. Ultimately, processing operations could be based on Art. 6 I letter f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not take priority. We are allowed to carry out such processing procedures because they have been specifically mentioned by the European legislator. In this respect, a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, sentence 2, GDPR).
11. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 I letter f GDPR, our legitimate interest is to carry out our business for the well-being of all our employees and the shareholders.
12. Period for which the personal data will be stored
The criterion for the duration of the storage of personal data is the statutory retention period in question. After the deadline, the corresponding data will be routinely deleted if it is no longer required for fulfilling the contract or for initiating a contract.
13. Provision of personal data as a 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 inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
14. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.