German
English

Data Privacy Statement

The use of our website is generally possible without providing personal data. To the extent that personal data (for example name, address or email addresses) is collected on our websites, this will be always on a voluntary basis, if possible. This data will not be passed on to third parties without your express consent.

We would like to point out that data transmission via the Internet (e.g. communication by email) can have security gaps. Complete protection of data against access by third parties is not possible.

The use of the contact data published in the scope of the obligation to provide company details in the legal notice by third parties for sending unsolicited advertising and information material is hereby expressly prohibited. The operators of these pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam email. 

1. Terminology

The Data Privacy Statement of ZAGRO Bahn- und Baumaschinen GmbH is based on the terms used by the issuer of the European directives and ordinances when issuing the General Data Protection Regulation (GDPR). Our Data Privacy Statement 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.

Amongst others, the following terms are used in this Data Privacy Statement: 

a) Personal data

Personal data are all information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable, if the Person can be directly or indirectly identified, in particular by assignment to 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 that natural person. 

b) Data subject

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

c) Processing

Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the acquisition, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.

d) Restriction of processing

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

e) Profiling

Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.

g) Controller

The controller is the natural or 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 the appointment of the controller may be laid down in accordance with Union law or the law of the Member States.

h) Processor

The processor is a natural or legal person, authority, institution or other body processing personal data on behalf of the controller.

i) Recipient

The recipient is a natural or 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 receive personal data under Union law or the law of the Member States in the scope of a specific investigation mandate shall not be regarded as recipients.

j) Third party

A third party is a natural or legal person, authority, institution or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

k) Consent

Consent shall mean 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

Controller within the meaning of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection is:

ZAGRO Bahn- und Baumaschinen GmbH
Mühlstr. 11-15
74906 Bad Rappenau-Grombach
Germany 

Phone: +49 7266 9168-0
info@zagro.de 

Managing Director: Wolfgang Zappel
Headquarter: Bad Rappenau-Grombach
Local Court of Stuttgart HRB 103763
VAT no.: DE152590472

3. Cookies

The Internet pages of ZAGRO Bahn- und Baumaschinen GmbH use cookies. Cookies are text files which are stored on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular Internet browser can be recognised and identified by its unique cookie ID.

By using cookies, ZAGRO Bahn- und Baumaschinen GmbH can provide users of this website with more user-friendly services that would not be possible without cookies.

By means of a cookie, the information and offers on our website can be optimised for the user. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his/her access data each time he/she visits the website because this is taken over by the website and the cookie stored on the user’s computer system.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable under certain circumstances.

4. Collection of general data and information

The website of ZAGRO Bahn- und Baumaschinen GmbH collects a series of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the log files of the server. We may collect (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 subwebsites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol (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 information technology systems.

ZAGRO Bahn- und Baumaschinen GmbH does not draw any conclusions about the data subject when using this general data and information. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of 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 ZAGRO Bahn- und Baumaschinen GmbH statistically and with the aim of increasing data protection and data security in our company in order ultimately to 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 data subject.

5. Contact via the website

Due to legal regulations, the website of ZAGRO Bahn- und Baumaschinen GmbH contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller via email or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

6. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the time necessary to achieve the purpose for the data Retention, or to the extent provided for by the European regulator or other legislator for laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

7. Rights of the data subject

a) Right to 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 of confirmation, the data subject may at any time contact an employee of the controller.

b) Right to information

Every data subject affected 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 stored and relating to him/her together with a copy of that information. Furthermore, the European regulator has granted the data subject access to the following information:

  • the processing purposes
  • the categories of personal data to be processed
  • the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right of rectification or deletion of personal data concerning the data subject or of a restriction on processing by the controller or of a right of objection to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: all available information about the origin of the data
  • the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DS GMOs, 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 have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.

If a data subject wishes to exercise this right of access, the data subject may at any time contact an employee of the controller.

c) Right to rectification

Any data subject affected by processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate rectification 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 of rectification, the data subject may at any time contact an employee of the controller.

d) Right to deletion (right to be forgotten)

Every data subject affected by processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to delete personal data relating to him/her without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
  • The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
  • The data subject objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the data subject objects to processing under Article 21(2) GDPR.
  • The personal data have been processed unlawfully.
  • The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data have been collected in relation to information society services provided in accordance with Article 8(1) of the GDPR.

If one of the above-mentioned reasons applies and a data subject wishes to have personal data deleted which are stored at ZAGRO Bahn- und Baumaschinen GmbH, the data subject may contact an employee of the controller at any time. The employee of ZAGRO Bahn- und Baumaschinen GmbH shall arrange for the request for deletion to be complied with without delay.

If the personal data were made public by ZAGRO Bahn- und Baumaschinen GmbH and our company is responsible according to Art. 17 Abs. 1 GDPR, ZAGRO Bahn- und Baumaschinen GmbH shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform controllers for data processing 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 controllers, insofar as processing is not necessary. The employee of ZAGRO Bahn- und Baumaschinen GmbH will arrange for the necessary actions to be taken in the individual case.

e) Right to restriction of processing

Every data subject affected by processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:

  • The accuracy of the personal data is disputed by the data subject for a period which enables 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 a restriction on the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
  • The data subject has lodged an objection to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by ZAGRO Bahn- und Baumaschinen GmbH, the data subject may contact an employee of the controller at any time. The employee of ZAGRO Bahn- und Baumaschinen GmbH will have the processing restricted.

f) Right to data portability

Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him/her and provided by the data subject to a controller in a structured, current and machine-readable format. The data subject shall also have the right to transmit such data to another controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the controller.

Furthermore, in exercising his right to data transferability pursuant to Article 20(1) GDPR, the data subject has the right to effect that the personal data be transferred directly by a controller to another controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected.

To assert the right to data transferability, the data subject may contact an employee of ZAGRO Bahn- und Baumaschinen GmbH at any time.

g) Right to object

Every data subject affected by processing of personal data has the right granted by the European legislator of directives and regulations to object at any time to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) GDPR for reasons arising from the data subject’s particular situation. This also applies to profiling based on these provisions.

ZAGRO Bahn- und Baumaschinen GmbH 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 if the processing serves to assert, exercise or defend legal claims.

If ZAGRO Bahn- und Baumaschinen GmbH processes personal data in order to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects towards ZAGRO Bahn- und Baumaschinen GmbH to processing for direct advertising purposes, ZAGRO Bahn- und Baumaschinen GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at ZAGRO Bahn- und Baumaschinen GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, for reasons arising from the data subject’ particular situation, unless such processing is necessary to fulfil a task in the public interest.

To exercise the right of objection, the data subject may directly contact any employee of ZAGRO Bahn- und Baumaschinen GmbH or any other employee. The data subject shall also be free to exercise his/her right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated decision in the individual case, including profiling

Every data subject affected by 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 legal effect against the data subject or significantly affects the data subject 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 controller, or (2) is admissible under Union or Member State law to which the 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 controller or (2) is taken with the express consent of the data subject, ZAGRO Bahn- und Baumaschinen GmbH shall take appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a Person on the part of the controller, to state the own position and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, the data subject may at any time contact an employee of the controller.

i) Right to withdraw consent under data protection law

Every data subject affected by processing of personal data has the right granted by the European legislator of directives and regulations to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, the data subject may at any time contact an employee of the controller.

8. Data protection for applications and in the application process

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 appropriate application documents electronically, for example by email, to the controller. 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 conflict with the deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

9. Links

The ZAGRO Bahn- und Baumaschinen GmbH website may contain links to third-party websites in order to further improve user-friendliness and to expand information. If you click on such links, you will leave the ZAGRO website. These websites or their data protection measures are not under the control of ZAGRO. ZAGRO hereby expressly declares that no illegal or immoral content was discernible on the linked pages at the time the links were created. As ZAGRO has no influence and control over the further design of the linked pages, ZAGRO hereby expressly dissociates itself from all content of the linked pages that has been changed since the links were created. ZAGRO accepts no responsibility or liability for such content and information. Similarly, ZAGRO has no influence or control over the data protection measures of the linked sites. Personal information that you provide to a third party not associated with ZAGRO is not covered by this Data Privacy Statement. ZAGRO therefore assumes no liability for the storage, use and transfer of your personal data to third parties not associated with ZAGRO.

Should we subsequently become aware of any infringements on the linked pages, we will of course remove the relevant links immediately.

10. Privacy policy for the use and application of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analysis is the acquisition, collection and evaluation of data on the behaviour of visitors to Internet sites. A web analysis service collects, among other things, data on the website from which a data subject has accessed a website (so-called referrer), which subpages of the website have been accessed or how often and for how long a subpage 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 controller uses the suffix “_gat._anonymizeIp” for the web analysis via Google Analytics. By means of this addition, Google shortens and anonymises the IP address of the Internet connection of the data subject when accessing our Internet pages 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 analyse the flow of visitors to our website. Google uses the data and information collected, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the data subject. The term “cookies” has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, 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 procedure, 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 to be made.

Cookies are used to store personal information, such as access time, 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 the setting of cookies by our website at any time, as already described above, by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, it is possible for the data subject to object to and prevent the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on at the link tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered as objection by Google. If the data subject’s information technology system is deleted, formatted or reinstalled at a later time, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their control, it is possible to reinstall or reactivate the browser add-ons.

Further information and Google’s current privacy policy can be found at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics will be explained in more detail under this link www.google.com/intl/de_de/analytics/.

11. Legal basis for processing

Art. 6 I lit. 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 lit. b GDPR. The same applies to such processing operations 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 lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his/her 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 lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. 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 prevail. Such processing is permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator argued that a legitimate interest could be presumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).

12. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to conduct our business to the benefit and well-being of all our employees and our shareholders.

13. Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.

14. Legal or contractual regulations 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 the failure to provide them

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 data subject 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.

15. Existence of an automated decision-making

As a responsible company, we abstain from automatic decision-making or profiling.