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Data Privacy Statement „ePartner“


This online store (hereinafter "ePartner") is operated by Wacker Neuson SE, Preussenstrasse 41, 80809 Munich, Germany (hereinafter "WN" or "we"). WN attaches great importance to the protection of your personal data and collects, processes and uses your personal data exclusively in accordance with the principles described below and in compliance with the applicable data protection laws. As WN offers goods and services in the European Union area, the General Data Protection Regulation (GDPR) is applicable to all processing operations relating to the ePartner.

A. Your personal data

Personal data is any information that relates to an identified or identifiable natural person. This includes, for example, your name, your telephone number or your postal and email address. We only collect this data directly from you as the data subject.

B. Processing of personal data

WN processes your personal data exclusively to the extent described below.

I. Wacker Neuson Customer Account

In order to use our ePartner, it is necessary to set up a personal customer account (hereinafter "customer account"). In your customer account you can store your relevant information and conveniently shop in ePartner with it.

To set up your personal customer account, we need your personal contact information (title, first and last name, language and telephone number, voluntarily additionally: title, function and mobile phone number) as well as information about your company (name of your company, field of activity, business address, voluntarily additionally: VAT identification number and your Wacker Neuson customer number). In addition, we need your email address, which also serves as an identifier for accessing the customer account, as well as a password of your choice. You can change your password at any time for the future. In addition, we and/or affiliated companies of the Wacker Neuson Group within the meaning of section 15 of the German Stock Corporation Act (AktG) may update your data if you wish. The legal basis for the processing is Art. 6 (1) lit. b GDPR.

Your customer account will remain until you have it deleted.

For the use of our ePartner it is also possible to use our login service "Wacker Neuson MyLogin". This is used to log into your customer account with the user name and password stored there. For more detailed information on data protection with regard to MyLogin, please see the data protection declaration stored there at: https://mylogin.wackerneusongroup.com.

II. Orders in ePartner

The processing of your orders in our online store is carried out by the sales partner responsible for you, depending on the product category. You will always see this partner in the order overview before placing the order. This respective company is responsible as a contractual partner for the fulfillment of the relevant purchase contract. For the purpose of processing your orders, we transmit the respective details of your order (type and price of the purchased product, time of order, etc.) to this respective company, which we grant access to the data stored in your customer account (see B.I) for this purpose. The legal basis for the transmission and use is Art. 6 (1) lit b GDPR.

During the order process, you can enter different billing or shipping addresses as an alternative to the addresses stored in your customer account. We will store any different delivery address in your customer account. After completing your order, you will receive an order confirmation by email.

III. Verification of the order volume

For the secure processing of orders, we assign each customer an individual order volume, which in principle may not be exceeded for the respective orders in our ePartner. To determine your order volume, we take into account, among other things, your type of company as well as the value and number of purchases made in the past. As part of the ordering process, we check whether the total value of the goods you have selected is covered by your order volume. If this is not the case, we will inform you of this before completing the order and ask you to contact us individually. The legal basis for the processing is Art. 6 (1) lit. b GDPR.

IV. Contact form

You can contact us directly using the contact form provided in ePartner. We process the information you provide via the contact form (title, first and last name, email address, postal address, company, subject and content of your message) exclusively for processing your request. The data will be deleted afterwards. We consider the transmission of your request via this contact form as your consent to the processing according to Art. 6 (1) lit. a GDPR.

V. Wacker Neuson Newsletter

In our ePartner, you can also register for our electronic newsletter, for example by clicking the checkbox "Please keep me informed about news and current offers" when setting up your customer account. Alternatively, you can subscribe or unsubscribe to our newsletter in the personal area of your customer account under "Your account" in the "Profile" section.

If you have consented to this, we will use the email address you have provided to send you current product offers and information from Wacker Neuson. By segmenting our customers, we will send you information that we consider to be of particular interest to you. The legal basis for the processing is your consent pursuant to Art. 6 (1) lit. a GDPR.

At ebusiness@wackerneuson.com or in the personal area of your customer account under "Your account" in the "Profile" area, you can unsubscribe from the newsletter at any time and revoke your consent (see also D). Data that has been stored by us for other purposes (e.g. email addresses for the member area) remains unaffected by this.

After you have unsubscribed from the newsletter, we may store your email address in a blacklist in order to effectively prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

VI. Advertising by mail

As a customer of our ePartner, we will send you product information by mail from time to time. If you do not wish to receive this, you can object to the processing and use of your personal data for advertising purposes at any time in the future by contacting us using the contact details provided in section E below. The legal basis for the processing is Art. 6 (1) lit. f in conjunction with Rec. 47 GDPR (direct marketing purposes).

VII. Use of logistics providers and other service providers

For the dispatch of your order, the company responsible for the fulfillment of the respective purchase contracts provides your personal data to external logistics providers, who process this data on behalf of the company and in compliance with the necessary security measures exclusively for the purpose of fulfilling the contract (Art. 6 (1) lit b GDPR).

In addition, we use other specialized service providers for the provision of certain services (in particular for payment processing), which process your personal data on behalf of Wacker Neuson SE and exclusively in accordance with its instructions (controller-processor relationship pursuant to Art. 28 GDPR).

VIII. Cookies

Cookies are small text files or other memory tags that store information on end devices and read information from the end devices. For example, to store the login status in a user account, a shopping cart content in an e-shop, the content accessed or functions used of an online offer. Cookies can also be used for various purposes, e.g. for purposes of functionality, security and convenience of online offers as well as the creation of analyses of visitor flows.

Consent notice: We use cookies in accordance with the law. Therefore, we obtain prior consent from users, except when it is not required by law. In particular, consent is not required if the storage and reading of information, including cookies, is absolutely necessary in order to provide the user with a media service (i.e., our online offering) expressly requested by the user. The revocable consent is clearly communicated to the users and contains the information about the respective cookie use.

Notes on legal bases under data protection law: The legal basis under data protection law on which we process users' personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is their explicit consent (Art. 6 (1) lit. a GDPR). Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in a business operation of our online offer and improvement of its usability) (Art. 6 (1) lit. f GDPR) or, if this is done in the context of the performance of our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations (Art. 6 (1) lit. b GDPR). For what purposes the cookies are processed by us, we clarify in the course of this privacy policy or in the context of our consent and processing processes.

Storage duration: In terms of storage duration, the following types of cookies are distinguished:

— Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his end user device (e.g. browser or mobile application).

— Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user data collected with the help of cookies can be used for reach measurement. Unless we provide users with explicit information about the type and storage duration of cookies (e.g., as part of obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General information on revocation and objection (opt-out): Users can revoke the consents they have given at any time and also file an objection to processing in accordance with the legal requirements in Art. 21 GDPR. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://youronlinechoices.com.

C. Data Security

Technical and organizational measures

WN uses technical and organizational security measures to protect the data provided to us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security measures are continuously improved in line with technological developments. Nevertheless, please note that data security cannot be absolutely guaranteed when communicating via the Internet, especially when transmitting via email, and that we recommend using the postal service for confidential information.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

D. Revocation of consent

You may revoke your consent in accordance with Article 7 (3) of the GDPR at any time with effect for the future free of charge at: ebusiness@wackerneuson.com or by written notification to Wacker Neuson SE, Preussenstrasse 41, 80809 Munich, Germany.

E. Your rights as a data subject

As a data subject, you have the right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18), objection to processing (Art. 21) and data portability (Art. 20 GDPR).

You can reach WN at the email address ebusiness@wackerneuson.com or at the contact details provided in the imprint.

In the event of violations of data protection law, the data subject has a right of appeal to the competent supervisory authority. The competent supervisory authority for data protection issues is the state data protection commissioner of the federal state in which our company is based. A list of the data protection officers and their contact details can be found in the following link:

https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.

The supervisory authority for Wacker Neuson SE is:
Bayerisches Landesamt für Datenschutzaufsicht
Promenade 18
91522 Ansbach, Germany

F. Data protection officer and further information

We are also happy to answer any further questions you may have about data protection and the processing of your personal data. You are also welcome to contact our data protection officer directly:

Markus Stemmer
Data Privacy Officer of Wacker Neuson SE
Preussenstrasse 41, 80809 Munich, Germany
E-Mail: privacy@wackerneuson.com

Further information on data protection can also be found at:

https://wackerneusongroup.com/en/contact/privacy-statement

Date of this document: September 2022