Assistance systems in construction industry

MiC 4.0 – one language for construction machines

2. Purposes and legal basis for the processing of personal data
We process personal data only to fulfill our contractual obligations or to protect our predominant legitimate interests. Our legitimate interests are based on the implementation of our business purpose. Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.When processing personal data that is necessary for the fulfillment of a contract of which the data subject is a party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR serves as the legal basis.In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-named interest, Art. 6 Para. 1 lit. f GDPR serves as the legal basis for the processing.

3. Categories of recipients and personal data, origin of the same
We pass on personal data to our business partners and service providers for the implementation of our business purpose. To implement our business purpose, we typically use the contact and address data of our customers and business partners. We typically receive personal data directly from the data subject or, with the consent of the data subject, in exceptional cases from third parties.

4. Transmission to third countries
As a principle, we do not transfer personal data to recipients in third countries (i.e., countries outside the EU). If data is transferred to recipients in third countries in the future, we will ensure that in addition to the necessary permit for the transfer, the third-party recipient ensures an adequate level of data protection (or an exception under Art 49 Para. 1 GDPR is present).

5. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose for storage ceases to apply. Further storage can take place if this is provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject. A blocking or deletion of the data also takes place taking into account the retention periods specified by the mentioned regulations, unless there is a need for further storage of the data for completing a contract or fulfilling a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing
Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data can be collected:

  1. Information about the type of browser and the version used
  2. The user’s operating system
  3. The Internet service provider of the user
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the user’s system reached our website (so-called referrers)
  7. Websites accessed by the user’s system via our website
  8. Other similar data and information used to prevent threats in case of attacks on our information technology systems

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. The user’s IP address must remain stored for the duration of the session. When using this general data and information, Awi Engineering does not draw any conclusions about the data subject. This information is rather needed to correctly deliver the content of our website, to ensure the permanent functionality of our information technology systems and the technology of our website, and to provide law enforcement authorities with the necessary information for prosecution in the event of a cyber attack. The anonymous data and information collected by Awi Engineering are therefore evaluated statistically and further 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 we process. The anonymous server log files are stored separately from all personal data provided by a data subject. This is also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

5. Objection and removal possibility
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Use of cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use only technically necessary cookies.

2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change. The user data collected through technically necessary cookies are not used to create user profiles. In this respect, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR.

4. Duration of storage, objection, and removal options
Cookies are stored on the user’s computer and transmitted to our site from there. Therefore, as a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to fully use all the functions of the website.

V. Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited will hereinafter be referred to as “Google”.

Google Analytics uses so-called “cookies”, text files stored on the visitor’s computer that enable an analysis of the use of the website by the visitor. The information generated by the cookie about the use of this website by the visitor (including the shortened IP address) is generally transmitted to a Google server and stored there.

With Google Analytics 4 IP addresses are anonymized by default to protect user privacy. The anonymization of IP addresses is carried out at the server level, before any analytics data is processed or stored. This ensures that there is no direct personal identification possible. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the respective browser within the scope of Google Analytics will not be merged with other Google data.

Google LLC. offers a guarantee based on standard contractual clauses to maintain an adequate level of data protection. The data sent and linked with cookies, user identifiers (e.g., User-ID), or advertising IDs are automatically deleted after 50 months. Data whose storage period has been reached is automatically deleted once a month.

VI. Contact form and email contact

1. Description and scope of data processing
A contact form is available on our website for electronic contact. If a user takes this opportunity, the data entered in the input mask will be transmitted to us and stored.

At the time of sending the message, the following data is also stored:

  1. The user’s IP address
  2. Date and time of registration

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this privacy policy. Alternatively, you can contact us via the email address provided. In this case, the personal data of the user transmitted with the email will be stored. There is no disclosure of data to third parties in this context. The data is used exclusively for processing the conversation.

2. Legal basis for data processing
The legal basis for the processing of the data is the user’s consent in accordance with Art. 6 Para. 1 lit. a GDPR. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Para. 1 lit. f GDPR. If the email contact aims at concluding a contract, an additional legal basis for processing is Art. 6 Para. 1 lit. b GDPR.

3. Purpose of data processing
The processing of personal data from the input mask only serves us to process the contact request. In the event of contact by email, this also constitutes the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant matter has been finally clarified.

5. Objection and deletion possibilities
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data that were stored in the course of establishing contact will be deleted in this case.

VII. Rights of the data subject

1. Right to information
You can request confirmation from the person responsible as to whether personal data concerning you are being processed by us.

If such processing is available, you can request the following information from the person responsible: (1) the purposes for which the personal data are processed; (2) the categories of personal data which are processed; (3) the recipients or categories of recipients to whom the personal data concerning you have been disclosed or are still being disclosed; (4) the planned duration of the storage of your personal data or, if specific information is not available, the factors determining the storage period; (5) the existence of a right to rectify or delete your personal data, a right to restrict processing by the person responsible or a right to object to such processing; (6) the existence of a right to complain to a supervisory authority; (7) any available information about the source of the data if the personal data is not collected from the data subject; (8) the existence of automated decision-making, including profiling, in accordance with Article 22 Paragraphs 1 and 4 GDPR, and, in such cases at least, meaningful information about the logic involved and the impact and intended effects of such processing on the data subject.

You have the right to request information about whether your personal data are transferred to a third country or an international organization. In this case, you can ask for information about the appropriate safeguards in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification
You have a right to rectification and/or completion by the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

3. Right to restrict processing
Under the following conditions, you can request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time that allows the person responsible to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing in accordance with Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, these data may only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to erasure
a) Duty to erase
You can demand that Awi Engineering immediately erases personal data that concern you, and Awi Engineering is obliged to erase this data immediately if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) Pursuant to Art. 21 Para. 1 GDPR, you object to the processing, and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the member states to which Awi Engineering is subject.
(6) The personal data concerning you were collected in relation to the offer of information society services pursuant to Art. 8 Para. 1 GDPR.

b) Informing third parties
If Awi Engineering has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 Para. 1 GDPR, it shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as the affected person, have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions
The right to deletion does not exist if processing is necessary. (1) for exercising the right to freedom of expression and information; (2) for compliance with a legal obligation that requires processing under the law of the Union or the member states to which Awi Engineering is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in Awi Engineering; (3) for reasons of public interest in the public health area pursuant to Art. 9 Para. 2 lit. h and i as well as Art. 9 Para 3 GDPR; (4) for asserting, exercising, or defending legal claims.

5. Right to be informed
If you have asserted your right to correction, deletion or restriction of processing to Awi Engineering, Awi Engineering is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by Awi Engineering.

6. Right to data portability
You have the right to receive the personal data that concern you, which you have provided to Awi Engineering, in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from Awi Engineering, who was provided the personal data, if (1) the processing is based on a consent pursuant to Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR, or on a contract pursuant to Art. 6 Para. 1 lit. b GDPR and (2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, insofar as this is technically feasible. The rights and freedoms of other people must not be affected by this.The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you based on Art. 6 Para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. Awi Engineering will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims. You have the opportunity, in connection with the use of services of the information society – irrespective of Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision (1) is necessary for the conclusion or performance of a contract between you and the controller, (2) is permissible on the basis of Union or Member State legislation to which the controller is subject and which contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or (3) is carried out with your explicit consent. However, these decisions may not be based on special categories of personal data pursuant to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests. With regard to the cases mentioned in (1) and (3), the controller adopts appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express your point of view and to contest the decision.

In the event of any contradiction or discrepancy between the German and English versions of this “Privacy policy”, the German version (“Datenschutz”) shall prevail.