Privacy policy

We are delighted that you are interested in our company.

Data protection is a particularly high priority for the management of AGU Planungsgesellschaft für Automatisierungs-, Gebäude- und Umwelttechnik mbH (hereinafter referred to as AGU).

It is generally possible to use the AGU website without providing any personal data. However, if a data subject wishes to use specific services offered by 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 data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to AGU. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.

As the data controller, AGU has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, meaning that absolute protection cannot be guaranteed.

For this reason, any person affected is free to provide us with personal data by alternative means, such as by telephone.

 

1. Definitions

AGU's privacy policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR).

Our privacy policy should be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms, among others, in this privacy policy:

Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

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 natural person.

Controller or person responsible for processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

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 is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the:

AGU Planungsgesellschaft für Automatisierungs- Gebäude- und Umwelttechnik mbH
Von-Ketteler-Str. 1
51371 Leverkusen
Deutschland
Tel.: +49 (0) 214 86 86 00
E-Mail: info(at)agu.de
Website: wwww.agu.de

3. Name and address of the data protection officer

The data protection officer of the controller is

Leonhard Schüren (DSB)
Von-Ketteler-Str. 1
51371 Leverkusen
Deutschland
Tel.: +49 (0) 214 86 86 23
E-Mail: info(at)agu.de
Website: wwww.agu.de

Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. Cookies

The AGU websites use cookies. Cookies are text files that are stored on a computer system via an Internet browser. 

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. 

This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID. By using cookies, AGU can provide users of this website with more user-friendly services that would not be possible without the use of cookies. 

Mittels eines Cookies können die Informationen und Angebote auf unserer Internetseite im Sinne des Benutzers optimiert werden. Cookies ermöglichen uns, wie bereits erwähnt, die Benutzer unserer Internetseite wiederzuerkennen. Zweck dieser Wiedererkennung ist es, den Nutzern die Verwendung unserer Internetseite zu erleichtern. Der Benutzer einer Internetseite, die Cookies verwendet, muss beispielsweise nicht bei jedem Besuch der Internetseite erneut seine Zugangsdaten eingeben, weil dies von der Internetseite und dem auf dem Computersystem des Benutzers abgelegten Cookie übernommen wird.

 Ein weiteres Beispiel ist das Cookie eines Warenkorbes im Online-Shop. Der Online-Shop merkt sich die Artikel, die ein Kunde in den virtuellen Warenkorb gelegt hat, über ein Cookie. Die betroffene Person kann die Setzung von Cookies durch unsere Internetseite jederzeit mittels einer entsprechenden Einstellung des genutzten Internetbrowsers verhindern und damit der Setzung von Cookies dauerhaft widersprechen. Ferner können bereits gesetzte Cookies jederzeit über einen Internetbrowser oder andere Softwareprogramme gelöscht werden. Dies ist in allen gängigen Internetbrowsern möglich. Deaktiviert die betroffene Person die Setzung von Cookies in dem genutzten Internetbrowser, sind unter Umständen nicht alle Funktionen unserer Internetseite vollumfänglich nutzbar.

5. Collection of general data and information

The AGU website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be recorded: (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-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems. When using this general data and information, AGU does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.

6. Registration on our website

The data subject has the option of registering on the controller's website by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller's own purposes. The controller may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller. By registering on the controller's website, the IP address assigned by the data subject's Internet service provider (ISP), the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate criminal offenses that have been committed. In this respect, the storage of this data is necessary to safeguard the controller. This data is not passed on to third parties unless there is a legal obligation to pass it on or it serves the purpose of criminal prosecution. The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller's database. The controller shall provide any data subject at any time upon request with information about which personal data relating to the data subject is stored.Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations. All of the controller's employees are available to the data subject as contact persons in this context.

7. Routine deletion and blocking of personal data

The 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 no longer applies 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 the statutory provisions.

8. Rights of the data subject

Right to confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

Right to information

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data stored about him or her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

    • the purposes of processing

    • the categories of personal data that are processed

    • 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

    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

    • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing

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

    • if the personal data is not collected from the data subject: All available information about the origin of the data

    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

Right to rectification

Every data subject affected by the processing of personal data has the right, granted by the European legislative and regulatory authority, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, 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 rectification, they may, at any time, contact an employee of the controller.

Right to erasure (right to be forgotten)

The European regulatory authority has granted every data subject the right to demand that the controller immediately deletes the personal data concerning them, provided that one of the following reasons applies and insofar as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

    • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

    • The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

    • The personal data has been processed unlawfully.

    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

    • The personal data was collected in relation to the information society services offered in accordance with Art. 8 (1) GDPR.

If one of the above reasons applies and a data subject wishes to have personal data stored by AGU deleted, they may contact an employee of the controller at any time. The AGU employee will ensure that the deletion request is complied with immediately. If the personal data has been made public by AGU and our company is obliged to delete the personal data as the controller in accordance with Art. 17 (1) GDPR, AGU shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless processing is necessary. The AGU employee will take the necessary steps in each individual case.

Right to restriction of processing

The European regulatory authority has granted every data subject the right to demand that the controller restrict the processing of personal data relating to them if 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, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.

    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.

    • The data subject has objected to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

Right to data portability

Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to obtain the transfer of the personal data directly from one controller to another controller. Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee at any time.

Right to object

Any person affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. In the event of an objection, AGU will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims. If AGU processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to AGU processing for direct marketing purposes, AGU will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them that is carried out by AGU for scientific or

Automated individual decision-making, including profiling

Any person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and that law provides for appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, AGU shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision. If the data subject wishes to exercise rights relating to automated

Right to withdraw consent under data protection law

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 Sympany AG.

9. Data protection provisions about the application and use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analytics service collects, among other things, data about which website a data subject came to a website from (so-called referrer), which subpages of the website were accessed, or how often and for how long a subpage was viewed. Web analytics is mainly used to optimize a website and for cost-benefit analysis of internet advertising. The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. This suffix is used by Google to shorten and anonymize the IP address of the data subject's Internet connection when accessing our website from a Member State of the European Union or from another State party to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information obtained to, among other things, analyze the use of our website.

10. Legal basis of the processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, 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 lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I l

11. The legitimate interests pursued by the controller or by a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

12. Period for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract.

13. legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing it

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that we must subsequently process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, he or she must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

14. is there an automated decision-making process?

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