General Terms and Conditions
General Terms and Conditions of EGT-Wirth GmbH for the Delivery and Installation of Photovoltaic Systems, Battery Storage Systems, and Wall Boxes
§ 1 Contractual Basis, Applicability of General Terms and Conditions
The contractual agreements related to the delivery and installation of photovoltaic systems, battery storage systems, and wall boxes are based on the order, order confirmation, and these terms and conditions. The term "Contractual Object" refers to photovoltaic systems, battery storage systems, and wall boxes.
In the context of an ongoing business relationship with merchants, these General Terms and Conditions shall also become part of the contract even if we have not expressly referred to their inclusion in individual cases.
For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business, or profession. A business entity is a natural or legal person or a partnership with legal personality who, in concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. Customers, as referred to in these terms and conditions, include both consumers and business entities.
We can accept the customer's signed order by sending an order confirmation within two weeks. The deadline begins on the date of the order.
Any drawings or other graphical representations made by us are to be understood as approximate representations.
§ 2 Contracting Parties
The contract is concluded between the customer and EGT-Wirth GmbH:
EGT-Wirth GmbH
Alte Landstraße 9
45329 Essen
Contact: Phone 0201 37 92 92 89
Fax 0201 47 57 92 42
Email info@egt-wirth.de
Registration: Local Court Essen
Registration number: HRB 30786
VAT ID number according to §27 a Value Added Tax Act: DE319488743
§ 3 Scope of Services and Timing of Performance
Assembly of the contractual object is only owed if expressly agreed upon by the parties. If the contractual object is not assembled, it is to be picked up at our company headquarters. If the customer wishes the contractual object to be shipped, the freight costs are to be borne by the customer.
We are entitled to partial deliveries and services as far as this is reasonable for the customer.
If we fail to meet a bindingly agreed deadline, and the assertion of rights by the customer requires a reasonable grace period, the grace period shall be at least two weeks. This provision does not affect the conditions for default.
Compliance with our performance obligation requires the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
After the conclusion of the contract, it is possible that circumstances may arise that require additional, chargeable services to connect the photovoltaic system to the power grid. This is particularly the case if the responsible grid operator imposes special requirements on the connection of the system or the measurement of the generated electricity. In such cases, we will inform the customer and provide an additional offer for the additional services.
§ 4 Copyright
We reserve ownership and copyright to illustrations, drawings, calculations, yield forecasts, and other documents – including in electronic form. The customer requires our express written consent before passing them on to third parties.
§ 5 Provision of Individual Measurement Data
Unless otherwise agreed, the customer has no right to be provided with individually measured values of the delivered solar modules, especially so-called flash lists.
If we provide the customer with individually measured values of solar modules from a third party (e.g., manufacturer), this does not create contractual obligations for us. The data does not constitute a guarantee or assurance of specific properties by us unless expressly agreed between the parties.
§ 6 Withdrawal from the Contract
We are entitled to withdraw from the contract and contract components if, despite timely conclusion of a covering transaction, we do not receive the contractual object due to incomplete, incorrect, or untimely delivery by our suppliers. This also applies if individual components cannot be delivered, and we are in default with the upstream supplier. Withdrawal is excluded if the non-delivery or faulty self-delivery is our responsibility or that of our vicarious agents. We will inform the customer promptly about the failure of self-delivery or assembly and, in the event of withdrawal, promptly refund any consideration already received.
Under the conditions of paragraph 1, we are alternatively entitled to offer the customer other goods than agreed and to set a reasonable deadline for accepting the offer. In this case, we are entitled to withdraw from the contract after the customer rejects the offer or after the acceptance period has expired.
Furthermore, we are entitled to withdraw from the contract for good cause if the customer has made false statements to us regarding facts that are relevant to his creditworthiness. We are also entitled to withdraw from the contract if our claim for remuneration against the customer is jeopardized because an enforcement measure against the customer has been fruitless, the customer has made a solemn declaration of his financial circumstances, or insolvency proceedings have been opened over the customer's assets or have not been opened due to lack of assets.
§ 7 Use of Agents and Representatives
We are entitled to commission third-party service providers and agents to provide our contractual services.
§ 8 Customer's Obligations
The customer is responsible for:
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Clarifying in a timely manner how to finance the contractual services and whether he can use public financing assistance. We do not provide financial services or advice in this regard. The customer is advised to clarify with the financing bank, before signing the order and submitting all contract documents, whether their financing requirements are met.
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Resolving all legal and tax issues related to the construction and commissioning of a photovoltaic system. These issues include conditions and scope of the customer's rights and obligations under the Renewable Energy Act, as well as the question of whether the generated electricity from the photovoltaic system is subject to EEG surcharge or other levies and taxes. For photovoltaic systems, the necessity of public-law and private-law approvals and permits for the system must be examined. If approvals or permits are required, the customer is responsible for obtaining them in a timely manner. If the customer uses another person's building or land for the photovoltaic system, all tenancy law issues and negotiations are the responsibility of the customer. We do not provide legal and tax advice.
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Checking whether the roof or ground area designated by him for the installation of the photovoltaic system provides a suitable foundation for the photovoltaic system. In the case of building-mounted photovoltaic systems, it must be considered whether the building is structurally suitable to support the photovoltaic system. The customer is responsible for ensuring that there are no asbestos-containing materials in all building parts affected by the installation, which would complicate or preclude the planned installation work.
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Registering the photovoltaic or storage system in the market master data register or similar registers, unless we have expressly contractually assumed this obligation.
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Providing and maintaining a router that enables the transmission of data from the photovoltaic system as part of the monitoring.
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§ 9 Customer's Rights in Case of Defects in Goods and Legal Defects
The customer's rights in case of defects in goods and legal defects are governed by law unless otherwise agreed.
A defect of the contractual object does not exist solely because the actual yield or profit of the photovoltaic system or solar modules falls below the values of a forecast (e.g., within the scope of project planning) created by us or a third party. The forecast is an estimate based on experience, and the actual results may deviate from the forecast.
If the customer is a business entity, we reserve the right to choose the type of subsequent performance in the event of a defect.
We do not warrant damages to the contractual object if such damages result from the following reasons and are not attributable to us: unsuitable or improper use, natural wear and tear, faulty or negligent handling, excessive stress, unsuitable operating resources, improper changes or repairs carried out by the customer or third parties without our prior approval.
None of the above clauses is intended to change the statutory or judicial distribution of the burden of proof.
§ 10 Compensation
Our contractual and tortious liability for damages is limited to intent and gross negligence (including our legal representatives and vicarious agents). This does not apply to damages resulting from the violation of life, body, or health or claims arising from the breach of duties, the fulfillment of which enables the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely (cardinal duties). In such cases, we are liable for any degree of fault (including our legal representatives and vicarious agents).
Our liability is limited to typical, foreseeable damages for damages that are not based on intent or gross negligence (including our legal representatives and vicarious agents). This limitation does not apply in cases of intent, gross negligence (including our legal representatives and vicarious agents), and for damages resulting from the violation of life, body, or health. In these cases, we are liable for all damages.
An exclusion or limitation of our liability also applies to our legal representatives and vicarious agents.
Without prejudice to the provisions of this section, our liability arising from guarantees, assurances, and from hazardous circumstances (especially under the Product Liability Act) remains unaffected.
None of the above clauses is intended to change the statutory or judicial distribution of the burden of proof.
Claims under data protection law are not affected by this section.
§ 11 Warranty
We do not assume any warranty beyond our warranty obligations unless there is an individual warranty agreement.
§ 12 Form of Declarations
Legally binding declarations and notifications from the customer to us must be made in writing. The address for written communications is: EGT-Wirth GmbH, Alte Landstraße 9, 45329 Essen. The email address is: info@egt-wirth.de.
Oral promises made by our representatives or other auxiliary persons require written confirmation by us.
§ 13 Payment Modalities
Checks and bills of exchange are only accepted on account and only by prior agreement.
Deductions for cash discounts are inadmissible without explicit agreement.
The customer can only offset our claims with undisputed, legally established, or contested but ripe for decision counterclaims. Retention rights of the customer remain unaffected.
We reserve the right to issue interim invoices if complete installation is not possible on the planned date due to delays in the delivery of individual components.
Offsetting with claims other than undisputed or legally established claims is excluded.
§ 14 Retention of Title
We reserve ownership of the contractual object until full payment of the agreed remuneration.
The customer must inform us immediately and hand over the necessary documents for intervention if third parties enforce compulsory measures against the contractual object; this also applies to impairments of any other kind. Regardless, the customer must inform third parties in advance of our existing rights to the contractual object.
§ 15 Product Instructions and Customer Obligations as Plant Operator
The customer is obliged to carefully observe the product instructions provided by us and pass them on to any users with special emphasis.
The customer is advised that, from the handover of the photovoltaic system, he must fulfill the obligations as the operator of a photovoltaic system. This includes the obligation to keep the facilities required for parallel operation with the low-voltage grid in perfect condition and to regularly check the switches and protective devices for proper functionality by an electrician.
§ 16 Non-Acceptance Clause
These terms and conditions apply exclusively; any conditions of the customer that contradict or deviate from these terms and conditions are not recognized by us unless expressly and in writing agreed upon. These terms and conditions also apply if we provide the service to the customer without reservation, despite being aware of conditions that contradict or deviate from them.
§ 17 Data Protection
We collect and process the personal data of the customer, which we receive in the context of the conclusion and execution of this contract, in accordance with the legal provisions, especially the EU General Data Protection Regulation. All relevant information can be found on our website at https://egt-wirth.de/datenschutzerklaerung/. Upon request, we will send this information to the customer by mail.
§ 18 Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies.
If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
If the customer is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction is the court responsible for our place of business. We are also entitled to sue the customer at his general place of jurisdiction.
§ 19 Severability Clause
Should a provision of the contract be or become ineffective or the contract be incomplete, the effectiveness of the remaining provisions shall remain unaffected by this.
Privacy Policy
At EGT-Wirth GmbH ("EGT-Wirth"), data protection is of the utmost priority. We are delighted that you want to contribute to the future of green energy with us, and we firmly believe that protecting your data plays an exceptionally crucial role. The following information aims to clarify which types of your personal data we process, for what purposes, and to what extent, within the scope of your use and provision of data via the ET-Wirth website https://egt-wirth.de. If you become a customer of EGT-Wirth, we will provide information on additional data processing as part of the contract.
We generally process your personal data in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Personal data, in this context, refers to any individual information about personal or factual circumstances of a specific or identifiable natural person, such as name, telephone number, or address
1. Controller
Controller according to Art. 4 No. 7 GDPR
EGT-Wirth GmbH
Alte Landstraße 9, 45329 Essen
Email: info@egt-wirth.de
Tel: +49 (0) 201 37 92 92 89
The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.).
2. Purposes of Data Processing
2.1 Becoming a (Sales) Partner or Employee
If you want to become a (sales) partner or employee, we offer a contact form on our website through which you can get in touch with us. The legal basis for processing the personal data collected there is Art. 6(1)(b) GDPR.
2.2 Functional Cookies
We use cookies that your browser automatically transmits to us when you visit the EGT-Wirth website. The use of cookies that ensure the functionality and security of our website is justified according to Art. 6(1)(f) GDPR. The generally applicable right to object according to Art. 21(1) sentence 1 GDPR does not apply in this case. In this case, Art. 21(1) sentence 2 alternative 1 GDPR applies.
2.3 Marketing & Analysis Cookies
We use cookies for analyzing your interaction with our website or for marketing purposes. The legal basis is Art. 6(1)(f) GDPR. This means we only process this data if you have given us your prior consent. Your consent is freely revocable at any time. You can manage your consents in the Cookie Settings. Revoking your consent does not affect the lawfulness of processing based on consent before revocation.
2.4 Cookie Consent
This website uses the Cookie Consent technology from WIX to obtain your consent for storing marketing or analysis cookies on your device and to document it in compliance with data protection regulations. The legal basis is Art. 6(1)(c) GDPR. Your consent is freely revocable at any time. You can manage your consents in the Cookie Settings. Revoking your consent does not affect the lawfulness of processing based on consent before revocation.
2.5 SCHUFA
We conduct a credit check as part of pre-contractual measures to protect against payment defaults since EGT-Wirth advances the installation of the solar system. The credit check is carried out only after you have submitted an application to purchase a solar system from EGT-Wirth and received a preliminary module planning for your solar system. The legal basis is Art. 6(1)(b) GDPR.
2.6 Mediation of Contracts and Offers
If we act as a broker for you, we process data necessary for the mediation to our partners and the fulfillment of your brokerage order. This includes master data (e.g., name, address, telephone number), and contract-specific data. The legal basis for the respective data processing is Art. 6(1)(b) GDPR.
3. Data Processing
3.1 Feasibility Check
In the future, you will have the opportunity on the EGT-Wirth website to calculate the savings that you can achieve by using an EGT-Wirth solar power system. The following personal data will be processed as part of this feasibility check:
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First and last name
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Street and house number
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Postal code
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Mobile phone number
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Email address
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Roof shape of your house
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Roof window characteristics
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Number of people in the household
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Time-dependent electricity consumption behavior
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Ownership status
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Pictures of your house and the meter cabinet
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Data about your electricity consumption
Based on this data, the planning of your solar system is carried out, and a virtual roof occupancy is created. This will be presented to you in the sales conversation.
3.2 Becoming a (Sales) Partner or Employee
You have the opportunity to contact us through a contact form on the Enpal website. We collect the following data through mandatory fields under "Become an Employee":
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First name
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Last name
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Email address
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Phone number
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3.3 Cookie Consents
To obtain your consent for storing certain cookies on your device and to document this in compliance with data protection regulations, we process the following personal data:
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Your consent(s) or withdrawal of your consent(s)
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Your IP address
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Information about your browser
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Information about your device
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Time of your visit to the website
Furthermore, a cookie is stored in your browser to assign the consents granted or their revocation. The data collected in this way is stored until you request deletion, delete the cookie yourself, or the purpose for data storage no longer exists. You can manage your consents in the Cookie Settings.
3.4 Cookies
What are Cookies? Cookies allow us to remember certain information about you as our website visitor, stored on your device through small text blocks. They do not contain viruses and do not cause any damage.
Most of the cookies we use are called "session cookies." They are automatically deleted after your visit ends. Other cookies remain stored on your device until you delete them. These cookies allow us to recognize your browser on your next visit. You can set your browser to inform you about the setting of cookies and allow cookies only in individual cases, reject the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted. Without cookies, every website would lose its data storage when visiting a new website or app. This could significantly affect the use of our website. The user-friendliness offered by EGT-Wirth would not be the same.
However, the non-application of cookies also means that you cannot be traced back. Some websites use cookies to track your actions to display relevant advertisements. This way, as a user of such a website, you will see little or significantly less advertising that you are not interested in. Additionally, cookies are stored on devices to trace which marketing channels led you to the EGT-Wirth website.
Cookies are initially neither good nor bad. However,
for you as a user of the EGT-Wirth website, it is useful to understand the purpose of cookies. This allows you to make an informed decision about which cookies to consent to and which ones not to.
3.4.1 Functional Cookies
Functional cookies include those that ensure the functionality and security of our website. These include:
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Browser type
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Browser version
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Operating system used
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Referrer URL
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Hostname of the accessing computer
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Time of the server request
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IP address
For these cookies, your consent is not required. When using cookies for the functionality and security of our website, we have a legitimate interest in protecting our website from disruptions and malicious interventions that could potentially compromise the confidentiality of your data. You can find out which cookies are included in this category in the Cookie Settings. Additionally, you will find information about the processing companies or data recipients, their data protection officers, the collected data, and their storage duration.
3.4.2 Marketing and Analysis Cookies
Marketing and analysis cookies include those that we use to analyze your interaction with our website or for marketing purposes. The information collected through these types of cookies is processed only based on your consent. You can find out which cookies are included in this category in the Cookie Settings. Additionally, you will find information about the processing companies or data recipients, their data protection officers, the collected data, and their storage duration.
3.5 Marketing Communication
In the context of marketing communication, we process only the email address provided by you. In our marketing communication, you will receive information about:
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Products and services from the EGT-Wirth range, other companies of EGT-Wirth, and their partners (renewable energy generation systems, accessories, and related services such as power storage, energy tariffs, or electromobility),
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News and developments in the field of renewable energy and customer referral programs of EGT-Wirth (newsletter),
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Review invitations and surveys on EGT-Wirth products and services,
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The companies of EGT-Wirth (e.g., corporate development, financial information).
You have the right to revoke your consent at any time without stating reasons. Revoking your consent does not affect the lawfulness of processing based on consent before revocation. You can address your revocation, for example, to info@egt-wirth.de.
3.6 Press Newsletter
In the context of sending press releases and event invitations, we process your first and last name, the organization you belong to, and your email address. You have the right to revoke your consent at any time without stating reasons. Revoking your consent does not affect the lawfulness of processing based on consent before revocation. Unsubscribing from the press newsletter is possible through the unsubscribe link in the newsletter.
3.7 SCHUFA
As part of pre-contractual measures to protect against payment defaults, we conduct a credit check because EGT-Wirth advances the installation of the solar system. The credit check is carried out only after you have submitted an application to purchase a solar system from EGT-Wirth and received a preliminary module planning for your solar system. We transmit your name and address to SCHUFA. If we receive data from SCHUFA, we additionally process your place of birth and date of birth, your SCHUFA score, your score range, your risk rate, and your rating level. The SCHUFA score is transmitted to the respective EGT-Wirth company that concludes a contract for a solar system with you. The scoring is based on a mathematically-statistically recognized and proven procedure. Further information on scoring can be found at https://www.schufa.de/ueber-uns/daten-scoring/scoring/.
SCHUFA processes the data received and uses it for scoring purposes to provide information to its contractual partners in the European Economic Area and Switzerland, as well as possibly other third countries (if there is an adequacy decision by the European Commission) about the creditworthiness assessment of natural persons, among other things. Regardless of credit scoring, SCHUFA supports its contractual partners by creating profiles to identify unusual situations (e.g., for the purpose of fraud prevention in mail-order trade). This involves analyzing requests from SCHUFA's contractual partners to check for potential abnormalities. In this calculation, which is done individually for each contractual partner, address data, information about whether and in what function an entry about a public figure with matching personal data exists in publicly accessible sources, as well as aggregated statistical information from the SCHUFA database, may also be included. Further information on SCHUFA's activities can be found in the SCHUFA information sheet according to Art. 14 GDPR or online at www.schufa.de/datenschutz.
4. SSL/TLS Encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this page uses SSL/TLS encryption. 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/TLS encryption is activated, the data you transmit to us cannot be read by third parties.
5. Social Media
We use social media buttons (Facebook, Instagram, Google+, Youtube) from companies such as Facebook Inc. and Google Inc. on our website. These social media buttons are not embedded as plugins via an iframe but are linked. By clicking on the social media buttons, you will be directly redirected to the page of the respective provider. No data from the EGT-Wirth website is transmitted to the providers. The respective provider is responsible for compliance with data protection regulations and for the accuracy, currency, and completeness of the information provided there on data processing.
6. Recipients of Personal Data
6.1 Internal and Third Parties
The personal data mentioned in Section 3 will be transmitted to the extent necessary for task fulfillment to:
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Public authorities receiving data in accordance with legal regulations (e.g., tax authorities or the Federal Network Agency),
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Credit agencies,
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Internal departments of EGT-Wirth as far as necessary for task processing,
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Companies affiliated with EGT-Wirth according to §§ 15 et seq. Aktiengesetz (AktG) (German Stock Corporation Act), insofar as this is necessary for the implementation of pre-contractual measures or within the framework of contract conclusion. The joint controllers have concluded a corresponding agreement in accordance with Art. 26 (1) GDPR.
6.2 Data Processors
To carry out pre-contractual measures and conclude contracts, EGT-Wirth uses various service providers for the purpose of:
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Communication with interested parties within the framework of pre-contractual measures,
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Advertising communication with interested parties,
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Data management of the data collected according to sections 3.1 and 3.2,
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Obtaining your consent for the processing of data by specific cookies and the data protection-compliant documentation of this consent,
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Obtaining an electronic signature.
When processing personal data on behalf of EGT-Wirth, we conclude a separate contract with the processor in accordance with Art. 28 GDPR for this processing. This contract ensures compliance with the GDPR and defines sufficient guarantees for the implementation of appropriate technical and organizational measures to protect your rights.
7. Transfer to a Third Country or an International Organization
To the extent that EGT-Wirth transfers personal data to countries outside the scope of the GDPR, EGT-Wirth ensures that the recipient of the data guarantees an adequate level of data protection. When transferring data to the USA, EGT-Wirth will conclude the EU's model contracts for the transfer of data to countries outside the EU with the recipients to ensure an adequate level of protection.
8. Data Deletion
We process your personal data as long as it is necessary for the establishment, implementation, or termination of the contractual relationship between you and EGT-Wirth or for the exercise or fulfillment of rights and obligations arising from the contractual relationship.
Furthermore, we are subject to various retention and documentation obligations, which result, among other things, from the German Commercial Code (HGB) and the Fiscal Code (AO). The periods prescribed there for storage or documentation are two to ten years. Finally, the storage period also depends on the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB), are generally three years but can be up to thirty years in certain cases.
9. Data Protection Rights
Every data subject has the right, within the legal framework, to information about the processing of their personal data (Art. 15 GDPR), the right to rectification (Art. 16 GDPR), the right to erasure (Art. 17 GDPR), the right to restriction of processing (Art. 18 GDPR), the right to object to processing (Art. 21 GDPR), and the right to data portability (Art. 20 GDPR). When exercising the right to information and the right to erasure, the restrictions of §§ 34 and 35 of the German Federal Data Protection Act (BDSG) must be taken into account. In addition, there is the right to lodge a complaint with the supervisory authority in accordance with Art. 77 GDPR in conjunction with § 19 BDSG.
EGT-Wirth GmbH
Managing Director: Nadine Wirth
Alte Landstraße 9
45329 Essen
Germany
Email: info@egt-wirth.de
Phone: 0201-37929289 S
hareholders:
Commercial Register & Registration Number: Essen, HRB 30786 Business ID: 1216709
VAT identification number: DE319488743
Responsible for content: Nadine Wirth
Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.