WITOS Agreements

Privacy notice – WITOS Paving Transport (PDF)

Data controller & data protection officer

The data controller is

JOSEPH VÖGELE AG (“Vögele”, “we”)
Joseph-Vögele-Str. 1, D-67075 Ludwigshafen, Germany
T: +49 621 / 81 05 0
F: +49 621 / 81 05 469
E: mail@voegele.info
www.voegele.info

You can also contact our data protection officer at any time. Ideally e-mail: datenschutz@voegele.info

Introduction

This privacy notice explains what data we collect with the WITOS Paving Transport app, how we use them and pass them on and what rights you have in connection with the use of WITOS Paving Transport. We keep your personal data confidential and handle them in line with statutory data protection regulations and this data privacy notice.

Please note that if you are using our products as an end-user (e.g. as an employee or machine operator) for one of our customers or one of their subcontractors (“your company”), then your company, as well as ourselves, is responsible for data processing in conjunction with WITOS Paving.

We collect, store and process your personal data only to the extent to which it is necessary to fulfil our contractual services for your company; this contractually guarantees us an adequate legal basis.

Information collected by WITOS Paving Transport

WITOS Paving Transport collects information which may enable you to be indirectly identified.

Data about the tractor unit and the WITOS Paving order

• The number plate of the truck (tractor unit)
• The WITOS Paving order number

We record the number plate of the truck and the WITOS Paving order number in order to be able to assign your delivery to the respective asphalt paving order.

Location data

• Current location information for the mobile device

We collect your location data cyclically in order to be able to display your current location and provisional arrival time to users of WITOS Paving. We furthermore use the location to report your arrival at the construction site or mixing plant automatically (geofencing).

We also collect location data if WITOS Paving Transport has an active WITOS Paving order running in the background. We do not record your device location if WITOS Paving Transport is not being used/if you are not logged in for an order.

As the collection of location data is the primary function of WITOS Paving Transport, it is not possible to use WITOS Paving Transport without the device location being collected.

Technical information and log files

We temporarily store information about your mobile device from which we derive technical information used to correct errors and improve our products. This technical information includes device and network information, reports of system crashes, log files and analysis data.

Order data processing

We have an order data processing agreement with the service-providers involved in the WITOS system and implement the terms of the General Data Protection Regulation (GDPR).

How WITOS Paving uses the information

To provide services

We use the data collected by WITOS Paving Transport to deliver the services within WITOS Paving including the option

• to display current truck position on a map
  • on the construction site
  • at the mixing plant
  • in the contractor's office
  • in the WITOS Paving Transport app itself
• to calculate a target arrival time and an estimated actual time of arrival (ETA= Estimated Time of Arrival) at the construction site and the mixing plant.
• to record approximate arrival and departure time and to amend the status of the truck at the construction site and mixing plant by comparing your location data with the position of the paver/mixing plant (geofencing).
• to combine approximate arrival and departure times, delivery note data and other manually recorded status information (e.g. start and finish of unloading) in order to be able to display the quality of both supply and acceptance of deliveries.

Location data are used exclusively for the purposes outlined above. We do not store any truck data permanently, e.g. in order to determine how far trucks have travelled.

To improve our services

We also use the data we collect in order to analyse, develop and improve our services. To achieve this, Joseph Vögele may use third-parties to find out how our services are used and to support our efforts to improve our services. Data we collect for these purposes are erased automatically and stored only temporarily.

Your rights relating to the processing of personal data

We would like to inform you of your rights relating to the processing of your personal data. If you have any questions about your rights or wish to exercise your rights with regard to us, please contact our data protection officer at datenschutz@voegele.info or at the above-mentioned address for the attention of the “Data protection officer”.

Withdrawing your consent (Art. 7 (3) GDPR)

If you have given your express consent to the processing of your personal data, you may withdraw it at any time. Withdrawal of consent does not affect the lawfulness of any processing undertaken on the basis of consent up to the point of withdrawal. You will be informed about this right to withdraw before you give your consent.

Right to information (Art. 15 GDPR)

You have the right to demand confirmation from us as to whether we process personal data concerning you. If this is the case, you have the right to information about such personal data. If personal data are transmitted to a third country or to an international organisation, you furthermore have the right to be informed of the appropriate safeguards to ensure that recipients comply with the terms of GDPR.

Right to rectification (Art. 16 GDPR)

You can ask us to rectify immediately any incorrect data concerning you. Taking into account the purposes of processing, you also have the right to demand that incomplete personal data are completed – also by means of providing a supplementary statement.

Right to erasure/the right "to be forgotten” (Art. 17 GDPR)

You have the right to demand that your data are erased immediately if one of the following grounds applies:

• data are no longer necessary for the purposes for which they were collected or otherwise processed,
• you have withdrawn your consent and there is no other legal basis for processing,
• you object to processing pursuant to Art. 21 (1) GDPR for reasons resulting from your particular situation and there are no compelling legitimate grounds for processing,
• you object to processing for direct marketing in accordance with Art. 21 (2) GDPR,
• the data have been processed unlawfully,
• erasure of the data is required for compliance with a legal requirement in Union or German law,
• the data were collected directly in conjunction with an offer of information society services to a child, Art. 8 (1) GDPR.

We will accommodate the request for erasure unless we are legally required or entitled to continue storing and processing your data. We are furthermore entitled to continue storing your data if we would be unable to establish, exercise or defend legal claims without them.

Right to restriction of processing (Art. 18 GDPR)

According to Art. 18 GDPR we may process data to only a restricted extent in the following cases where:

• you contest the accuracy of your data - until we can verify its accuracy,
• processing is unlawful and you oppose the erasure of the data and instead demand restriction on its use,
• we no longer need the data for the purposes of processing, but you need them to establish, exercise or defend legal claims or
• you object to processing pursuant to Art. 21 (1) sentence 2 GDPR on grounds resulting from your particular situation where it is not yet clear whether our justified grounds for processing outweigh your interests.

Where processing is restricted, we may only store these data. In this case, continued processing is permitted only with your consent or for the purposes of establishing, exercising or defending legal claims or to protect the rights of another natural or legal person or on grounds of the greater public interest of the Union or of a Member State. You can withdraw your consent in this regard at any time. We will inform you before the restriction is lifted.

Notification obligation (Art. 19 GDPR)

Please note that we have a duty to communicate any rectification or erasure of your data or restriction of processing to each recipient to whom data have been disclosed. This does not apply if such communication proves impossible or involves disproportionate effort.

We will inform you of these recipients if you ask us to.

Right to data portability (Art. 20 GDPR)

You have the right to receive in a structured, commonly used and machine-readable format any data concerning you which you provided to us. You furthermore have the right to have us transmit those data to a third party in certain cases. However, this right must not adversely affect the rights and freedoms of others, including our company. If this is the case, we are entitled to oppose the disclosure or transmission of your data.

Right to object (Art. 21 GDPR)

You have the right to object on grounds relating to your particular situation to us processing your data based on justified interest (Art. 6 (1) point (f) GDPR). This also applies to profiling based on those provisions. In this case, we will stop processing your data unless we can demonstrate compelling legitimate grounds for processing which must outweigh your interests, rights and freedoms or else processing serves to establish, exercise or defend legal claims.

Right to lodge complaints with a supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement if you consider that the processing of the data concerning you infringes the GDPR.

January 2022

SPECTIVE CONNECT Privacy Notice European Economic Area (EEA) SPECTIVE CONNECT Privacy Notice Rest of World

Territory Scope: European Union, non-EU countries in European Economic Area (EEA), Switzerland

Release Date: 2023-04-20
Language: English

This policy describes how KLEEMANN and its WIRTGEN GROUP affiliates collect and process your data. References in this policy to KLEEMANN, “we” or “us” shall mean KLEEMANN GmbH, Manfred-Wörner-Straße 160, 73037 Göppingen, Germany.

We would like to explain to you below in more detail which personal data we collect in connection with the SPECTIVE CONNECT App and how we use related data as well as inform you about your rights as a data subject.

This Privacy Notice applies only to individuals (“you” or “your”) to whom the provisions of the EU General Data Protection Regulation (GDPR) are applicable and who are within the jurisdictions mentioned under Territory Scope (see above), in particular data subjects residing within the European Economic Area (EEA) and Switzerland. Outside the EEA and Switzerland please refer to our separate SPECTIVE CONNECT Privacy Notice (Rest of World).

SPECTIVE CONNECT provides you the possibility to connect a smart device (Smartphone/Tablet) via WiFi with a KLEEMANN crushing or screening plant to see all important information of the current process. The operator stays in the excavator or wheel loader – safe and efficient. Clear reports digitize the machine usage and productivity.

1 What data do we collect and process?

We collect and process personal data about you when you interact with us and our products while using the SPECTIVE CONNECT App.

• When downloading the app, the information required for that purpose is transmitted to the controller of the App Store, especially the username, email address, and customer number for your account, the time of the download, and the individual device designation number. However, we have no influence on this collection of data and are not responsible for the collection. We process these provided data to the extent necessary for downloading the app to your mobile device. The data are not stored for any other purpose.
• SPECTIVE CONNECT App processes data generated by the use of, collected by, or stored in machinery as well as data entered manually in the app. These data can be categorized into:
• • position data of the Smartphone
  • • timestamp
    • latitude
    • longitude
    • altitude
    • GPS Quality
  • machine specific data like
    • machine identification number (no serial number)
    • machine type
    • product name
  • process specific data like:
  • • fuel consumption
    • production volume
    • machine runtime and usage
    • feeding speed
    • prescreen speed
    • crusher load
    • engine rpm
  • Support Data (report to contact service function)
  • • name
    • phone number
    • e-Mail address
    • pictures

We strive to provide you with the best possible experience. To improve our products and their usability, we are using analytics technologies from 3rd parties. The information collected doesn’t allow us to identify you but helps analyze crashes, bugs, and relevant information to improve and enhance the quality of our products and services. Any collected location information doesn’t allow any exact identification of your location or person and helps us to optimize the product for regional usage. You have the possibility to disable this tracking and analytics functionality via the settings in your licensed Application.
We have no access to other data because they are stored only on your device.

2 For what purposes and on what legal basis do we use your data?

We process this personal data for the following purposes:

• For the protection of our legitimate business interests, we may access and use the data in anonymized or pseudonymized form for statistical purposes as well as to improve or enhance the services provided under this contract, develop additional or new of our products and services, and/or identify new usage types of equipment.
• Compliance with applicable laws and legal rights, including, but not limited to, use in conjunction with legal claims, compliance, regulatory, or investigative purposes (including disclosure of such information related to legal process or litigation).
• We may disclose the data to outside parties when we have a good faith belief that disclosure is reasonably necessary to (a) comply with any applicable law, regulation or compulsory legal request (e.g. from government authorities and/or law enforcement officials); (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse against us or our users; (d) to protect our property rights; or (e) defend us and our affiliates or personnel from any legal proceedings arising out of the data.

3 Who will we share your data with?

We share your information with the following recipients:

• Third Parties at your direction: You may share and disclose data with the share functionality in the app. Please note that when you share your information with someone other than us, the recipient may decide to copy, use, modify, or distribute it to others, and we have no control over, or responsibility for, any such activities.
• WIRTGEN GROUP affiliates: We share your information with our parent company Deere & Company and WIRTGEN GROUP wholly-owned subsidiaries as far as necessary, to provide you with the app services and to enable your use of the app features and for the other purposes described in this notice. Information is shared to provide joint content and services (e.g., registration, transactions); improve products and services; to detect, investigate, and prevent improper or unauthorized activities; identify, protect, detect, respond, and recover from security events and incidents; to comply with laws and regulations (e.g., laws and regulations of countries where Affiliates of us operate); and establish, exercise, and defend legal rights.
• Trusted suppliers: We share your information with trusted suppliers as necessary to provide you with the app services and to enable your use of the app features. Depending on how you use the app and the app features and on the preferences you set, these suppliers include companies that provide the following technology and computing services, including internet and software services: data hosting, data conversion, and cloud computing capabilities, account management and security, testing, debugging, error reporting, and usage analytics.
• Official disclosures: We may disclose your data to comply with court orders and legal or regulatory requirements; to prevent injury, death, losses, fraud, or abuse; to protect our rights or to defend us in legal proceedings (or our affiliates); and where needed in connection with the sale or transfer of business assets.

Personal data may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law, or if required for the legal protection of our legitimate interests in compliance with applicable laws.

As an end user (e.g. as an employee or driver) please refer to your Organization as the operator and/or owner of the machine to find out how it transfers your data on its part.

4 Where will we send your data?

Where information is transferred outside the EEA, and where this is to a trusted supplier in a country that is not subject to an adequacy decision by the EU Commission (a list of such countries is available here ), data is adequately protected by KLEEMANN’s use of EU Commission approved standard contractual clauses when setting up such relationships. Transfers to WIRTGEN GROUP affiliates will take place using adequate measures, such as binding corporate rules (BCR’s), standard contractual clauses adopted by the European Commission to protect Personal Data, other valid transfer mechanism(s), or based on permissible statutory derogations.

5 What rights do you have in relation to your data?

You have the right to ask us:

• for access to and a copy of your personal data that we hold on you
• for a copy of the personal information you provided to us and to provide it to you or send to a third party in a commonly used, machine readable format
• to update or correct your personal data in order to make it accurate
• to delete your personal data from our records in certain circumstances
• to restrict the processing of your personal data in certain circumstances

And you may also:

• object to us processing your personal data in certain circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing)
• if you have granted your consent to the processing of your data, withdraw this consent at any time with effect for the future without giving any reasons.

These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement or compelling legitimate grounds to process your data. In some instances, this may mean that we are able to retain data even if you object to our data processing or withdraw your consent.

Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
If you want to exercise your rights regarding your personal data, you can contact the data protection officer whose contact details can be found below.

In the event you have unresolved concerns, you also have the right to lodge a complaint over the Personal Data Complaint Form on our WIRTGEN GROUP Website or complain with a supervisory authority, in particular the data protection authority in the member state of your habitual residence or place of work.
Please note that we can only answer requests regarding your rights, if the data on which your request is based clearly identifies you as an individual. Since, in general, we process your data pseudonymously, unless otherwise necessary for the performance of our contractual services towards your Organization, we would have to process additional personal data in order to identify you. This is typically not necessary and not intended within the purposes of our services. Therefore we are generally not obliged to collect or process such additional data (Art. 11 (2) GDPR) and Art. 15 to 20 GDPR will not apply.

Generally, we recommend that you contact your Organization directly for your requests for information and the assertion of your rights as a data subject. After all, your Organization as the operator and/or owner of the machine may take the appropriate measures and provide you with further information.

6 Which WIRTGEN GROUP entity is your data controller?

The data controller for your information is KLEEMANN GmbH, Manfred-Wörner-Straße 160, 73037 Göppingen, Germany.

You can contact our data protection officer via: datenschutz@kleemann.info

In addition to the above, your data is shared with WIRTGEN GROUP Affiliates.

Besides us also your Organization as owner and/or operator of the machine is responsible for data processing in connection with SPECTIVE CONNECT. For further information, please refer directly to your Organization or the data protection officer of your Organization directly.

7 How long will we retain your data?

We store the data for the duration of the contractual period and to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice. This relates to the usage of SPECTIVE CONNECT App. You can also delete the SPECTIVE CONNECT App at any time. Upon deleting the app, all data you have stored locally will be deleted.
Laws may require us to hold certain information for specific periods. In other cases, we may retain data for an appropriate period after any relationship with you ends to protect itself from legal claims, or to administer its business.

8 How do we protect your data?

We have implemented and will maintain standards and procedures designed to prevent misuse of information in your account (technical and organizational measures):

• We maintain physical computer and network security.
• We educate our employees about the importance of data security and customer service through standard operating procedures and special training programs.
• We maintain security standards and procedures to help prevent unauthorized access to information about you, and we update and test our technology to improve the protection of your information.

9 Changes to this Privacy Notice

This Privacy Notice shall apply as amended or revised. We recommend that you read the most current version next time you use our product or service. We will publish the updated version of this Privacy Notice in the SPECTIVE CONNECT App.

Version 1.2

Territory Scope: Countries outside the European Economic Area (EEA) and Switzerland

Release Date: 2023-04-20
Language: English

This policy describes how KLEEMANN and its WIRTGEN GROUP affiliates collect and process your data. References in this policy to KLEEMANN, “we” or “us” shall mean KLEEMANN GmbH, Manfred-Wörner-Straße 160, 73037 Göppingen, Germany.

We would like to explain to you below in more detail which personal data we collect in connection with the SPECTIVE CONNECT App and how we use related data as well as inform you about your rights as a data subject. For information on other products and services offered by KLEEMANN or WIRTGEN GROUP Affiliates, please refer to the respective privacy notice for these products and services.

This Privacy Notice applies only to individuals (“you” or “your”) to whom the provisions of the EU General Data Protection Regulation (GDPR) are not applicable and who are within the jurisdictions mentioned under Territory Scope (see above), in particular individuals residing outside the European Economic Area (EEA) and Switzerland. Within the EEA and Switzerland please refer to our separate SPECTIVE CONNECT Privacy Notice (EEA).

If your jurisdiction is neither mentioned under the Territory Scope of this Privacy Notice (see above) nor under the Territory Scope of the SPECTIVE CONNECT Privacy Notice (EEA) other privacy notices may be applicable to you.

SPECTIVE CONNECT provides you the possibility to connect a smart device (Smartphone/Tablet) via WiFi with a KLEEMANN crushing or screening plant to see all important information of the current process. The operator stays in the excavator or wheel loader – safe and efficient. Clear reports digitize the machine usage and productivity.

1 What data do we collect?

We collect and process personal data about you when you interact with us and our products while using the SPECTIVE CONNECT App.

• When downloading the app, the information required for that purpose is transmitted to the controller of the App Store, especially the username, email address, and customer number for your account, the time of the download, and the individual device designation number. However, we have no influence on this collection of data and are not responsible for the collection. We process these provided data to the extent necessary for downloading the app to your mobile device. The data are not stored for any other purpose.
• SPECTIVE CONNECT App processes data generated by the use of, collected by, or stored in machinery as well as data entered manually in the app. These data can be categorized into:
• • position data of the Smartphone
  • • timestamp
    • latitude
    • longitude
    • altitude
    • GPS Quality
  • machine specific data like
    • machine identification number (no serial number)
    • machine type
    • product name
  • process specific data like:
  • • fuel consumption
    • production volume
    • machine runtime and usage
    • feeding speed
    • prescreen speed
    • crusher load
    • engine rpm
  • Support Data (report to contact service function)
  • • name
    • phone number
    • e-Mail address
    • pictures

We strive to provide you with the best possible experience. To improve our products and their usability, we are using analytics technologies from 3rd parties. The information collected doesn’t allow us to identify you but helps analyze crashes, bugs, and relevant information to improve and enhance the quality of our products and services. Any collected location information doesn’t allow any exact identification of your location or person and helps us to optimize the product for regional usage. You have the possibility to disable this tracking and analytics functionality via the settings in your licensed Application.
We have no access to other data because they are stored only on your device.

2 For what purposes and on what legal basis do we use your data?

We process this personal data for the following purposes:

• For the protection of our legitimate business interests, we may access and use the data in anonymized or pseudonymized form for statistical purposes as well as to improve or enhance the services provided under this contract, develop additional or new of our products and services, and/or identify new usage types of equipment.
• Compliance with applicable laws and legal rights, including, but not limited to, use in conjunction with legal claims, compliance, regulatory, or investigative purposes (including disclosure of such information related to legal process or litigation).
• We may disclose the data to outside parties when we have a good faith belief that disclosure is reasonably necessary to (a) comply with any applicable law, regulation or compulsory legal request (e.g. from government authorities and/or law enforcement officials); (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse against us or our users; (d) to protect our property rights; or (e) defend us and our affiliates or personnel from any legal proceedings arising out of the data.

3 Who will we share your data with?

We share your information with the following recipients:

• Third Parties at your direction: You may share and disclose data with the share functionality in the app. Please note that when you share your information with someone other than us, the recipient may decide to copy, use, modify, or distribute it to others, and we have no control over, or responsibility for, any such activities.
• WIRTGEN GROUP affiliates: We share your information with our parent company Deere & Company and WIRTGEN GROUP wholly-owned subsidiaries as far as necessary, to provide you with the app services and to enable your use of the app features and for the other purposes described in this notice. Information is shared to provide joint content and services (e.g., registration, transactions); improve products and services; to detect, investigate, and prevent improper or unauthorized activities; identify, protect, detect, respond, and recover from security events and incidents; to comply with laws and regulations (e.g., laws and regulations of countries where Affiliates of us operate); and establish, exercise, and defend legal rights.
• Trusted suppliers: We share your information with trusted suppliers as necessary to provide you with the app services and to enable your use of the app features. Depending on how you use the app and the app features and on the preferences you set, these suppliers include companies that provide the following technology and computing services, including internet and software services: data hosting, data conversion, and cloud computing capabilities, account management and security, testing, debugging, error reporting, and usage analytics.
• Official disclosures: We may disclose your data to comply with court orders and legal or regulatory requirements; to prevent injury, death, losses, fraud, or abuse; to protect our rights or to defend us in legal proceedings (or our affiliates); and where needed in connection with the sale or transfer of business assets.

Personal data may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law, or if required for the legal protection of our legitimate interests in compliance with applicable laws.
As an end user (e.g. as an employee or driver) please refer to your Organization as the operator and/or owner of the machine to find out how it transfers your data on its part.

4 Where will we send your data?

Your data may be stored in accordance with this Privacy Notice on systems in the United States, the EEA and other countries which may have differing data protection laws.

5 What rights do you have in relation to your data?

Depending on your jurisdiction you may have the right to ask us:

• for access to and a copy of your personal data that we hold on you,
• for a copy of the personal information you provided to us and to provide it to you or send to a third party in a commonly used, machine readable format in certain circumstances,
• to update or correct your personal data in order to make it accurate,
• to delete your personal data from our records in certain circumstances,
• to restrict the processing of your personal data in certain circumstances.

And you may also have the right, depending on your jurisdiction:

• to object to us processing your personal data in certain circumstances,
• if you have granted your consent to the processing of your data, to withdraw this consent.

These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement or compelling legitimate grounds to process your data. In some instances, this may mean that we are able to retain data even if you object to our data processing or withdraw your consent.

Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.

If you want to exercise your rights regarding your personal data applicable to you, you can contact the data protection officer whose contact details can be found below.

In the event you have unresolved concerns, depending on your jurisdiction, you may also have the right to lodge a complaint over the Personal Data Complaint Form on our WIRTGEN GROUP Website or complain with a competent supervisory authority.
Please note that we can only answer requests regarding rights applicable to you, if the data on which your request is based clearly identifies you as an individual. Since, in general, we process your data pseudonymously, unless otherwise necessary for the performance of our contractual services towards your Organization, we would have to process additional personal data in order to identify you. This is typically not necessary and not intended within the purposes of our services. Therefore we are generally not obliged to collect or process such additional data.

Generally, we recommend that you contact your Organization directly for your requests for information and the assertion of your rights as a data subject applicable to you. After all, your Organization as the operator and/or owner of the machine may take the appropriate measures and provide you with further information.

6 Which WIRTGEN entity is my data controller?

The data controller for your information is KLEEMANN GmbH, Manfred-Wörner-Straße 160, 73037 Göppingen, Germany.

You can contact our data protection officer via: datenschutz@kleemann.info

In addition to the above, your data is shared with WIRTGEN GROUP Affiliates.

Besides us also your Organization as owner and/or operator of the machine is responsible for data processing in connection with SPECTIVE CONNECT. For further information, please refer directly to your Organization or the data protection officer of your Organization directly.

7 How long will we retain your data?

We store the data for the duration of the contractual period and to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice. This relates to the usage of SPECTIVE CONNECT App. You can also delete the SPECTIVE CONNECT App at any time. Upon deleting the app, all data you have stored locally will be deleted.

Laws may require us to hold certain information for specific periods. In other cases, we may retain data for an appropriate period after any relationship with you ends to protect itself from legal claims, or to administer its business.

8 How do we protect your data?

We have implemented and will maintain standards and procedures designed to prevent misuse of information in your account (technical and organizational measures):

• We maintain physical computer and network security
• We educate our employees about the importance of data security and customer service through standard operating procedures and special training programs
• We maintain security standards and procedures to help prevent unauthorized access to information about you, and we update and test our technology to improve the protection of your information

9 Changes to this Privacy Notice

This Privacy Notice shall apply as amended or revised. We recommend that you read the most current version next time you use our product or service. We will publish the updated version of this Privacy Notice in the SPECTIVE CONNECT App.

Version 1.2

Privacy Notices for Jobsite Note (PDF)

Controller and Data Protection Officer

The controller is:

JOSEPH VÖGELE AG („Vögele“, „We“)
Joseph-Vögele-Str. 1, D-67075 Ludwigshafen
T: +49 621 / 81 05 0
F: +49 621 / 81 05 469
E: mail@voegele.info
www.voegele.info

You can also contact our Data Protection Officer at any time. Ideally by e-mail to: datenschutz@voegele.info

Introduction

The Jobsite Note app is used to record delivery notes and manage the construction process on asphalt construction sites with road pavers from the Joseph Vögele AG. The Jobsite Note app is part of the process management system WITOS Paving.

This Privacy Notice explains what data we collect using the Jobsite Note app, how we use and share it and what rights you have in relation to your use of Jobsite Note. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as these privacy notices.

Please be aware that if you use our products as an end user (e.g. as an employee) for one of our customers or their subcontractors (“your company”), your company is also jointly responsible for the data processing in connection with WITOS Paving and Jobsite Note in addition to us.

We collect, store and process your personal data only insofar as this is necessary for us to provide our contractual services to your company, which contractually assures us a sufficient legal basis.

Information collected by Jobsite Note

Jobsite Note collects information by which you can be indirectly identified:

Data of the road paver and the WITOS Paving job

• The WITOS Paving order number
• The serial number and name of the road paver carrying out this job

We record this data in order to be able to assign delivery notes and order parameters, such as the asphalt tonnage paved or the paving distance to the corresponding asphalt paving job.

Location data
JobSite Note does not collect location data. To geo-reference where the lorries are unloaded, the position of the road paver is used.

Camera data
We use the camera to

• connect Jobsite Note to the road paver’s Wi-Fi via a QR code. Alternatively, the login data can also be entered manually in Jobsite Note.
• collect delivery notes via a QR code and process them in Jobsite Note. Alternatively, delivery notes can be entered manually.

We do not use the camera for any other purpose.

Networks
We use Wi-Fi to

• transfer job and paving data as well as delivery notes from the road paver to the app and transfer inputs (e.g. the recorded delivery notes) to the road paver. The road paver exchanges this data with WITOS Paving via its mobile network.

We do not use the networks for any other purpose, in particular we do not track the location of users of the app using the network connection.

Technical information and log data
We use Crashlytics and Firebase to temporarily store information from your mobile device. We do this to obtain the technical information we need to troubleshoot and improve products. In particular, this is used to trace crashes (post-mortem analysis).

The information concerns:

• An RFC-4122 UUID (universally unique identifier) which permits us to deduplicate crashes
• The timestamp of when the crash occurred
• The app's bundle identifier and full version number
• The device's operating system name and version number
• A boolean indicating whether the device was jailbroken/rooted
• The device's model name, CPU architecture, amount of RAM and disk space
• The uint64 instruction pointer of every frame of every currently running thread
• If available in the runtime, the plain-text method or function name containing each instruction pointer.
• If an exception was thrown, the plain-text class name and message value of the exception
• If a fatal signal was raised, its name and integer code
• For each binary image loaded into the application, its name, UUID, byte size, and the uint64 base address at which it was loaded into RAM
• A boolean indicating whether or not the app was in the background at the time it crashed
• An integer value indicating the rotation of the screen at the time of crash
• A boolean indicating whether the device's proximity sensor was triggered

You can switch off the transfer of the analysis data in the app by rejecting the cookie consent pop-up.

Processing job data
We have concluded a contract for commissioned data processing with the service providers operating within the framework of the WITOS system and implement the requirements of the General Data Protection Regulation (GDPR).

Jobsite Note uses information together with WITOS Paving

For the provision of services
We use the data collected via Jobsite Note to provide the services within WITOS Paving, including the ability to

• display when and where an asphalt paving job was started or completed with a particular road paver.
• display the current installed delivery notes and total tonnage of asphalt.
• record the deviation between target and current tonnages, as well as other target/current comparisons, in order to provide an overview of the current state of the paving task.

Street scanner location data connected to Jobsite Note is collected exclusively for the aforementioned purposes.

To improve our services
Furthermore, we use the data we collect to analyse, develop and improve the services. To do this, Joseph Vögele may use third party analytics to help us understand how our services are being used and to help us improve the services. Data collected for these purposes is automatically deleted and only stored temporarily. No conclusions can be drawn about individuals. We have concluded an order data processing contract with our service providers.

Your rights in relation to the processing of your personal data

We would like to inform you about your rights in relation to the processing of your personal data. If you have any questions about your rights or wish to assert your rights vis-à-vis our company, please contact our Data Protection Officer at datenschutz@voegele.info or at the above mailing address, adding “Data Protection Officer”.

Right of access (Article 15 of the GDPR)
You have the right to obtain confirmation as to whether or not we are processing your personal data. If this is the case, you have the right to access this personal data. Where personal data is transferred to a third country or to an international organisation, you also have the right to be informed of the appropriate safeguards pursuant to the GDPR relating to the transfer.

Right to rectification (Article 16 of the GDPR)
You have the right to obtain from us without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure, i.e. ‘right to be forgotten’ (Article 17 of the GDPR)
You have the right to immediately obtain the erasure of your personal data without undue delay where one of the following grounds applies:

• The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
• You withdraw consent and there is no other legal ground for the processing;
• You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing;
• You object to the processing for the purposes of direct marketing pursuant to Article 21(2) of the GDPR;
• The personal data has been processed unlawfully;
• The personal data has to be erased to comply with a legal obligation in European Union or German law;
• The personal data was collected in relation to the offer of information society services directly to a child referred to in Article 8(1) of the GDPR.

We will comply with your request to erase the data unless we are required or authorised by law to continue to store and process your data. In addition, we are authorised to retain your data if it is not possible for us to assert, exercise or defend against legal claims without your data.

Right to restriction of processing (Article 18 of the GDPR)
Pursuant to Article 18 of the GDPR, you have the right to obtain from us the restriction of processing where one of the following applies:

• You contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
• The processing is unlawful and you oppose the erasure of your personal data and request the restriction of its use instead;
• We no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise, or defence of legal claims; or
• You have objected to processing pursuant to Article 21(1) P. 2 of the GDPR pending the verification of whether our legitimate grounds override your interests.

Where processing has been restricted, we are only authorised to store this data. In this case, further processing is only permitted with your consent or for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of an EU member state. You can withdraw your consent in this regard at any time. We will inform you before the restriction of processing is lifted.

Notification obligation (Article 19 of the GDPR)
Please note that we are obligated to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom your personal data has been disclosed. This does not apply if doing so proves impossible or involves disproportionate effort.

We will inform you about these recipients if you request it.

Right to data portability (Article 20 of the GDPR)
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to have us transfer this data to a third party in certain cases. This right may not, however, adversely affect the rights and freedoms of others, including our company. If this is the case, we are authorised to refuse to disclose or transfer your data.

Right to object (Article 21 of the GDPR)
If we process your data on the basis of a legitimate interest (Art. 6(1)(f) of the GDPR), you have the right to object to this on grounds relating to your particular situation. This also applies to profiling based on this provision. In this case, we will no longer process your data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms or the processing must serve the establishment, exercise or defence of legal claims.

Right to withdraw your consent (Article 7(3) of the GDPR)
If you have granted your express consent to the processing of your personal data, you may withdraw this consent at any time. Withdrawing your consent does not affect the lawfulness of processing carried out on the basis of your consent before its withdrawal. You will be informed of this right of withdrawal before you grant your consent.

Right to lodge a complaint with a supervisory authority (Article 77 of the GDPR)
You have the right to lodge a complaint with a supervisory authority, in particular in the EU member state of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data violates the provisions of the GDPR. This does not affect any other administrative or judicial remedies to which you may be entitled.

March 2023

Privacy Notices for Jobsite Temp (PDF)

Controller and Data Protection Officer

The controller is:

JOSEPH VÖGELE AG („Vögele“, „We“)
Joseph-Vögele-Str. 1, D-67075 Ludwigshafen
T: +49 621 / 81 05 0
F: +49 621 / 81 05 469
E: mail@voegele.info
www.voegele.info

You can also contact our Data Protection Officer at any time. Ideally by e-mail to: datenschutz@voegele.info

Introduction

The Jobsite Temp app is used to display thermal data from the WITOS Paving RoadScansensor and other information in connection with asphalt delivery (e.g. delivery note information) and asphalt paving (e.g. road paver’s travel speed) on asphalt construction sites with Joseph Vögele AG road pavers.
Jobsite Temp can also be used by roller operators to display their own position on the thermal data. This makes it easier to decide whether it makes sense to compact the asphalt that has been laid.
The Jobsite Temp app is part of the WITOS Paving process management system.

This Privacy Notice explains what data we collect using the Jobsite Temp app, how we use and share it and what rights you have in relation to your use of Jobsite Temp. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as these privacy notices.

Please be aware that if you use our products as an end user (e.g. as an employee) for one of our customers or their subcontractors (“your company”), your company is also jointly responsible for the data processing in connection with WITOS Paving and Jobsite Temp in addition to us.

We collect, store and process your personal data only insofar as this is necessary for us to provide our contractual services to your company, which contractually assures us a sufficient legal basis.

Information collected by Jobsite Temp

Jobsite Temp does not collect information from which you can be directly or indirectly identified:

Delivery notes
Jobsite Temp shows the paving positions of the asphalt deliveries recorded using WITOS Paving. Delivery notes may contain the personal data of the supplier(s). How we handle your information is described in the data protection notices of the applications that record these delivery notes.

Location data

• Current location information of the mobile device to show its own position relative to the thermal data.

The location data is not forwarded and is only used in the Jobsite Temp app. We do not use location data for any purposes other than those described above.

Camera data
We use the camera to

• connect Jobsite Temp to the road paver’s Wi-Fi via a QR code. Alternatively, the login data can also be entered manually in Jobsite Temp.

We do not use the camera for any other purpose.

Networks
We use Wi-Fi to

• transfer thermal, paver and delivery note data to the app.

We do not use the networks for any other purpose, in particular we do not track the location of users of the app using the network connection.

Technical information and log data
We use Crashlytics and Firebase to temporarily store information from your mobile device. We do this to obtain the technical information we need to troubleshoot and improve products. In particular, this is used to trace crashes (post-mortem analysis).

The information concerns:

• An RFC-4122 UUID (universally unique identifier) which permits us to deduplicate crashes
• The timestamp of when the crash occurred
• The app's bundle identifier and full version number
• The device's operating system name and version number
• A boolean indicating whether the device was jailbroken/rooted
• The device's model name, CPU architecture, amount of RAM and disk space
• The uint64 instruction pointer of every frame of every currently running thread
• If available in the runtime, the plain-text method or function name containing each instruction pointer.
• If an exception was thrown, the plain-text class name and message value of the exception
• If a fatal signal was raised, its name and integer code
• For each binary image loaded into the application, its name, UUID, byte size, and the uint64 base address at which it was loaded into RAM
• A boolean indicating whether or not the app was in the background at the time it crashed
• An integer value indicating the rotation of the screen at the time of crash
• A boolean indicating whether the device's proximity sensor was triggered

You can switch off the transfer of the analysis data in the app by rejecting the cookie consent pop-up.

Processing job data
We have concluded a contract for commissioned data processing with the service providers operating within the framework of the WITOS system and implement the requirements of the General Data Protection Regulation (GDPR).

Jobsite Temp uses information together with WITOS Paving

To improve our services
Furthermore, we use the data we collect to analyse, develop and improve the services. To do this, Joseph Vögele may use third party analytics to help us understand how our services are being used and to help us improve the services. Data collected for these purposes is automatically deleted and only stored temporarily.
We have concluded an order data processing contract with our service providers.

Your rights in relation to the processing of your personal data

We would like to inform you about your rights in relation to the processing of your personal data. If you have any questions about your rights or wish to assert your rights vis-à-vis our company, please contact our data protection officer at datenschutz@voegele.info or at the above mailing address, adding “Data Protection Officer”.

Right of access (Article 15 of the GDPR)
You have the right to obtain confirmation as to whether or not we are processing your personal data. If this is the case, you have the right to access this personal data. Where personal data is transferred to a third country or to an international organisation, you also have the right to be informed of the appropriate safeguards pursuant to the GDPR relating to the transfer.

Right to rectification (Article 16 of the GDPR)
You have the right to obtain from us without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure, i.e. ‘right to be forgotten’ (Article 17 of the GDPR)
You have the right to immediately obtain the erasure of your personal data without undue delay where one of the following grounds applies:

• The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
• You withdraw consent and there is no other legal ground for the processing;
• You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing;
• You object to the processing for the purposes of direct marketing pursuant to Article 21(2) of the GDPR;
• The personal data has been processed unlawfully;
• The personal data has to be erased to comply with a legal obligation in European Union or German law;
• The personal data was collected in relation to the offer of information society services directly to a child referred to in Article 8(1) of the GDPR.

We will comply with your request to erase the data unless we are required or authorised by law to continue to store and process your data. In addition, we are authorised to retain your data if it is not possible for us to assert, exercise or defend against legal claims without your data.

Right to restriction of processing (Article 18 of the GDPR)
Pursuant to Article 18 of the GDPR, you have the right to obtain from us the restriction of processing where one of the following applies:

• You contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
• The processing is unlawful and you oppose the erasure of your personal data and request the restriction of its use instead;
• We no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise, or defence of legal claims; or
• You have objected to processing pursuant to Article 21(1) P. 2 of the GDPR pending the verification of whether our legitimate grounds override your interests.

Where processing has been restricted, we are only authorised to store this data. In this case, further processing is only permitted with your consent or for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of an EU member state. You can withdraw your consent in this regard at any time. We will inform you before the restriction of processing is lifted.

Notification obligation (Article 19 of the GDPR)
Please note that we are obligated to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom your personal data has been disclosed. This does not apply if doing so proves impossible or involves disproportionate effort.

We will inform you about these recipients if you request it.

Right to data portability (Article 20 of the GDPR)
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to have us transfer this data to a third party in certain cases. This right may not, however, adversely affect the rights and freedoms of others, including our company. If this is the case, we are authorised to refuse to disclose or transfer your data.

Right to object (Article 21 of the GDPR)
If we process your data on the basis of a legitimate interest (Art. 6(1)(f) of the GDPR), you have the right to object to this on grounds relating to your particular situation. This also applies to profiling based on this provision. In this case, we will no longer process your data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms or the processing must serve the establishment, exercise or defence of legal claims.

Right to withdraw your consent (Article 7(3) of the GDPR)
If you have granted your express consent to the processing of your personal data, you may withdraw this consent at any time. Withdrawing your consent does not affect the lawfulness of processing carried out on the basis of your consent before its withdrawal. You will be informed of this right of withdrawal before you grant your consent.

Right to lodge a complaint with a supervisory authority (Article 77 of the GDPR)
You have the right to lodge a complaint with a supervisory authority, in particular in the EU member state of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data violates the provisions of the GDPR. This does not affect any other administrative or judicial remedies to which you may be entitled.

March 2023