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    • Privacy policy for the WAGNER SprayManager app and WAGNER DIY app

    We welcome you when you visit our apps. We take the protection of your personal data very seriously. We process your data in accordance with the applicable legislation on the protection of personal data, in particular the EU General Data Protection Regulation (GDPR).

    Personal data is information that makes it possible to identify a person. This includes in particular your name, date of birth, address, telephone number, e-mail address, but also your IP address. Data is anonymous if no personal reference to the user can be established.

    Your rights as a data subject are standardized in Art. 15 - 22 GDPR and include the right to information, erasure, rectification, data portability, restriction of data processing, objection to data processing, as well as the right not to be subject to exclusively automated processing (no such processing takes place). To assert these rights, please contact: Datenschutz.deutschland@wagner-group.com. The same applies if you have any questions about data processing in our company or wish to withdraw your consent. You also have the right to lodge a complaint with the data protection supervisory authority at your place of residence, place of stay or the place of the alleged infringement.

    Please note the following in connection with rights of objection:

    If we process your personal data for the purpose of direct marketing, you have the right to object to this data processing at any time without giving reasons. This also applies to profiling insofar as it is associated with direct advertising.

    If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes. The objection is free of charge and can be made informally, if possible to: Datenschutz.deutschland@wagner-group.com.

    In the event that we process your data to protect legitimate interests, you can object to this processing at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions.

    We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims.

    Installation / use of the Wagner apps

    You can download and install the Wagner SprayManager App and WAGNER DIY App (hereinafter "Apps") via the Google Play Store and the Apple App Store. Using the apps, you can link your WAGNER devices, save paint jobs (if you save the corresponding settings) with location and images that you can save yourself and access our databases on devices, services and accessories. You can also scan products (color containers from selected partners) and link them to the jobs, as well as access our user notes and recommendations.

    You can also learn how to use your Wagner device interactively using an augmented reality function.

    Note: We would like to point out that we use TrueDepth API in order to be able to technically map the augmented reality function. However, no facial data or biometric data is recorded.

    Legal basis

    The active use of the apps takes place on the legal basis of contract fulfillment (Art. 6  I 1 . b GDPR) - the basis for this are the terms of use of the apps accepted by you. Insofar as your data is processed for the purposes of direct advertising or to ensure technically flawless and secure app operation, this is done on the basis of our legitimate, overriding interest in this, Art. 6 I 1 f GDPR in conjunction with the applicable legal bases under competition law, or Art. 6 I 1 a GDPR in the case of your consent. If we intend to process your data on the basis of your consent, we will inform you separately about the purpose of processing and your right of withdrawal when you give your consent.

    Processing of personal data

    In order to use our apps, it is necessary that you grant the app on your end device the permissions to access the storage (photos/media/files). For devices with Android as the operating system, it is also technically necessary to assign authorization to send and receive via Bluetooth. If you want to use the corresponding functions of our app, you must also grant the app the authorizations to access the camera or the GPS module (location determination).

    In order to register as a user in our apps, you must enter an e-mail address and your name. This is necessary so that we can check whether you, as the owner of the e-mail address provided, actually agree to the data processing by our apps. In addition, all the image files you upload are also saved in the apps.

    As part of the use of our apps, data and information called log data is collected in order to detect and correct any errors in the apps and thus ensure the technically flawless and secure functioning of the apps. This log data may include information such as the IP address of your device, the device name, the operating system, the operating system version, the configuration of the application when you use our service, the time and date of your use of the service and. Anonymous statistics on the use of the apps can be generated from this data and used by us to further develop our services. Insofar as we use service providers for this purpose, they have concluded the necessary data protection contracts.

    In order to use our apps and the various functions they provide, it is necessary to process certain personal data, which we have clearly marked as mandatory fields. If you do not provide us with this mandatory information or do not provide it in full, you may not be able to use our apps or may not be able to use them to their full extent. However, if you only provide the data marked as mandatory, this will not have any negative consequences for you.

    Purpose of processing / data transfer to third parties and third countries

    The processing of your data serves to provide you with the apps in a technically secure and functionally flawless manner and to offer you the services of the apps. The personal data that we process is used exclusively for the provision, implementation and improvement of the service. In accordance with the terms of use of our apps or if you otherwise consent to this, we may merge your data with other data stored by us and also use it for our own advertising purposes within the scope of and in accordance with our data protection information and terms of use. We may use the Hubspot tool for this purpose, which you will find described elsewhere in this privacy policy and to the extent that you have consented to its use.

    We do not pass on your data to third parties unless you have consented to this or we are otherwise authorized to do so (see also the following paragraph on registration with Google/Apple). If service providers are involved in the provision of our services and this is legally required, suitable data protection contracts have been concluded - this also applies if service providers outside the EU/EEA are used. The security level of our apps, like that of our other digital services, is continuously reviewed in cooperation with security experts, e.g. by means of penetration tests.

    Registration with Google / Registration with Apple

    If you have a Google account or an Apple account and log in to our apps with it, your name and e-mail address and, if applicable, your account profile picture will be exchanged between the respective service and us. The Apple and Google login functions allow you to access our apps centrally via your Google or Apple account without having to enter your access data each time you access our apps - however, we will never receive your account password. Google or Apple process your data in accordance with the terms of use of the respective network, which may mean that your data may be merged with other data on the respective service and/or added to your profile on the respective network. In addition, an evaluation for the networks' own advertising purposes can be considered. The legal basis in each case is your consent, Art. 6 I 1 a GDPR, or your user relationship with the respective network, Art. 6 I 1 b GDPR.

    Further information on logging in with Apple is available at https://www.apple.com/legal/privacy/data/en/sign-in-with-apple/.

    You can also find out more about logging in with Google at https://support.google.com/accounts/answer/112802?hl=en&co=GENIE.Platform%3DDesktop&sjid=4843948211676760814-EU.

    Period of use / deletion of data:

    We delete your personal data as soon as they are no longer required for the purposes for which they were collected, unless their - temporary - further processing is necessary. This may be the case for:

    • Fulfillment of legal storage obligations, which may arise e.g. from the German Commercial Code (HGB) or the German Fiscal Code (AO). The specified periods are up to ten years.
    • Legal defense and enforcement, taking into account the statutory statute of limitations. According to §§ 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.

    As a rule, we store your data as long as you are regularly active in our apps, we operate the apps and you do not delete your account. You can uninstall the app at any time via the paths provided for this purpose in the operating system of your end device.

    Cookies

    Cookies are small text files that are stored in the browser on your end device if you have consented to the use of cookies in advance and your browser allows this. Cookies are distinguished partly based on how long they are stored for. Session cookies are deleted automatically when you close your browser. Permanent cookies, on the other hand, remain stored on your end device; your browser can provide information about the storage period. A permanent cookie can be read again the next time you visit our apps. To prevent this, you can delete permanent cookies after visiting our apps.

    Cookies are also distinguished based on their origin. So-called first-party cookies originate from our apps themselves. So-called third-party cookies originate from other providers.

    When you call up our apps for the first time, a selection menu appears where you can select whether and, if so, which cookies we may use. If you agree to the use of cookies, the processing is based on your consent, Art, 6 I 1 a GDPR.

    Cookies that are required for the technically secure and flawless operation of our apps, or that are necessary to provide certain functions you have requested, are processed on the basis of our legitimate interest in the respective processing, which arises from the purpose stated in each case.

    Cookies/ Google Analytics

    We use Google Analytics 4, an analytics service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Analytics is based on a technology that enables us to analyze your use of our apps. The data required for this purpose is collected from you and processed on Google servers, which are generally located in the EU, but may also be located in the USA in exceptional cases. We have therefore activated the "anonymize IP" function, which ensures that your IP address is shortened on a server in the EU before it is transmitted to the USA. In this respect, your IP address will only be shortened in exceptional cases after transmission to a server in the USA. This truncation removes the personal reference, as this eliminates the possibility of assigning the data to you personally. According to Google, the IP address processed in this respect using Google Analytics is not merged with other data that Google may have about you.

    The legal basis for this processing of your personal data is your consent, Art. 6 I 1 a GDPR.

    While you use our apps, your interactions with our apps are stored as so-called "events". Such events can be, for example, the activation of the apps, your first use of the apps, your click path and interactions with our apps, scrolling (at least if you scroll at least 90% of the respective screen), clicking on external links, search queries within the apps, downloads, advertisements you click on within the apps, and language settings. In addition, your location, your IP address (regularly shortened as described, technical information about your device (e.g. language settings, screen resolution), your telecommunications provider and a referrer URL (i.e. the content you accessed before visiting our apps) may be processed.

    Google can use this information to evaluate your use of the apps and create reports about this. These reports are offered by Google Analytics and are used to measure the performance of our apps and the effectiveness of our marketing measures.

    In addition to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, your data may also be transferred to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and/ or Alphabet Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, will be transmitted. If your data is processed outside the EU/EEA and there is no adequate level of data protection, we have concluded EU standard contractual clauses on data protection with our service provider in order to establish an adequate level of data protection in this respect.

    Since Google is affiliated with Google LLC, California, USA, the company must be regarded as a target of potential access to personal data stored at Google by US authorities. From an EU perspective, however, the USA is a so-called third country. This means that, as far as we are aware, you as a data subject do not have the same rights as under the GDPR. In addition, as an EU data subject, you may not be entitled to seek legal remedies against actions of US authorities.

    The data is processed by Google Analytics 4 for a maximum period of 14 months and then automatically deleted.

    You can revoke your consent at any time with effect for the future by using the options provided for this purpose in our consent management. However, any legitimate processing prior to this time remains unaffected. If you do not consent to the processing of your data using Google Analytics, the usability of Our apps may be restricted in whole or in part.

    Further information on data processing by Google and the Google terms of use are available directly from Google itself and can be found at:

    https://marketingplatform.google.com/about/analytics/terms/us/ and https://policies.google.com/?hl=en.

    Cookies/ HubSpot

    In connection with our apps, we use HubSpot for our online marketing activities. HubSpot is a software company from the USA with a branch in Ireland. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, Phone: +353 1 5187500. Hubspot is a software solution that we use to cover various aspects of our online marketing. These include e-mail marketing (newsletters and automated mailings, e.g. to provide downloads), social media publishing & reporting, reporting (e.g. traffic sources, accesses, etc. ...), Contact management (e.g. user segmentation & CRM), landing pages and contact forms.

    The underlying data is stored on HubSpot servers. They can be used by us to get in touch with visitors to our apps and to determine which of our company's services are of interest to them. All information collected by us is subject to this privacy policy. We process all information collected exclusively to optimize our marketing measures. The legal basis for the use of Hubspot's services is your consent, Art. 6 I 1 a GDPR.

    You can prevent data processing by HubSpot by making suitable settings in your end device or by using this opt-out link. 

    We do not use purely automated processing to reach a decision.

    WAGNER DIY App End User License Agreement

    Thank you for choosing to download the WAGNER DIY App (the “Mobile Application”) developed by or on behalf of J. Wagner GmbH and its affiliates (the “Company”) for use on specified mobile devices.  All users of the Mobile Application are subject to the following end user license agreement terms (this “EULA”). 

    Please read this EULA carefully because it will apply to your access to and use of the Mobile Application, and constitute a binding agreement between you and the Company.  By downloading the Mobile Application, you agree that you have read, understand and agree to be bound by this EULA, as amended from time to time.  If you do not wish to agree to this EULA, do not download the Mobile Application or promptly delete it from your device. 

    The Mobile Application may be used to connect to paint sprayers or operate other functionality of the application.  This EULA does not comprise the terms of service for the Mobile Application, which you may access through the Mobile Application.  Rather, when you create an account on the Mobile Application, or if you already have an account on the Mobile Application, your use of the Mobile Application will be subject to the then current terms and conditions related thereto, including, without limitation:

    Terms of Service: https://www.wagner-group.com/customers

    Privacy Policy: https://www.wagner-group.com/en/privacy-notice/wagner-spraymanager-app-and-wagner-diy-app/

    You will also be subject to any specific terms or rules applicable to promotions available for use on the Mobile Application.  Separate fees may apply as set forth there in.

    If you download or otherwise access the Mobile Application, you are granted a non-transferable, non-exclusive license to use the Mobile Application (including any data or images incorporated in or generated by the Mobile Application) for personal, non-commercial use.  You do not receive title to the Mobile Application and you may not distribute or use the Mobile Application other than for the purpose of using the applicable feature or service of the Mobile Application as offered by the Company.  This license does not allow you to use the Mobile Application on any device that you do not own or control, and you may not distribute the Mobile Application on any network where it could be used by devices owned by others. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Mobile Application.  You may not create any derivative works of the Mobile Application. The Mobile Application is subject to all restrictions on use, disclaimers of warranties and other provisions in this EULA.  The Company reserves all rights not expressly granted to you.

    Your license to use the Mobile Application is effective until terminated or if it is technically discontinued by the Company. You may terminate the license at any time by uninstalling the Mobile Application, deleting any related data from your device(s).

    This EULA and your right to use the Mobile Application will terminate immediately without notice if you fail to comply with this EULA.  Upon termination, you agree to immediately cease using and destroy the Mobile Application, including all accompanying documentation and materials.

    Please note that updates to your existing mobile device operating systems or firmware may render your version of the Mobile Application incompatible.  The Company does not warrant that the Mobile Application will be backward or forward compatible with any updates to, or prior versions of, the mobile devices.  The Company may, but is not obligated to, provide you with updates to the Mobile Application that improve compatibility with updated mobile devices.

    To the extent a Mobile Application requires, or permits utilization of, wireless or cellular data access, you shall be independently responsible for securing the necessary data access service.  The provider of such access to your mobile device may charge you data access fees in connection with use of the Mobile Application.  You are solely responsible for all such charges payable to third parties.

    The entire contents of this Mobile Application (including all information, text, displays, images and audio and any software made available through or in connection with the Mobile Application) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Mobile Application for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material of the Mobile Application without the prior written consent of the Company.  Neither the title nor any intellectual property rights to any material in this Mobile Application are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (a) any part of this Mobile Application, or (b) access to this Mobile Application.

    The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Mobile Application are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.  All rights are reserved.

    Except as otherwise provided in a written agreement with you, the company makes no representation or warranties with respect to the operation, function, fitness for a particular purpose, accuracy, applicability or completeness of the contents of the mobile application.

    Except as otherwise provided in a written agreement with you, the company expressly disclaims any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose in connection with the mobile application or your use of same. The company does not warrant that the mobile application is free of viruses or other harmful components.

    The company does not warrant the performance, effectiveness or applicability of any web pages to which links are provided from the mobile application or as a result of the use of the mobile application.  All links are for your convenience only and are not warranted for content, accuracy or any other implied or explicit purpose.

    The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement.

    You waive the ability to assert a claim against the company more than one (1) year after the first event or fact that gave rise to the claim. In no event shall the company be held liable to you or any other party for any indirect, incidental or consequential damages (including but not limited to lost profits or business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether the company was advised of the possibility of such damages.  In no event shall the company’s aggregate liability arising out of or relating to this eula exceed $100.  Notwithstanding the foregoing, these limitations of liability shall not apply to injuries: (1) to the body or person; or (2) caused by the company’s willful, malicious, reckless, or grossly negligent acts or omissions.  These limitations of liability shall survive the termination of this agreement.  Because the law regarding limitations of liability varies by state, these limitations of liability may not apply to you.  Notice to New Jersey consumers: these limitations of liability apply in New Jersey.

    The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement.

    You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Mobile Application and related online services (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this EULA.

    The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement.

    The Company welcomes your comments with respect to the Mobile Application. All comments, suggestions or other information sent by you to the Company will become the Company’s property.  For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a perpetual, irrevocable, non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company’s web sites, products and services. You understand that all information you submit is non-confidential for all purposes, and you have no expectation of any review, compensation or consideration of any type for all submissions hereunder.

    Except as otherwise provided in a written agreement with you, any controversy or claim, whether based in contract, tort, statute, regulation or otherwise, between you and the Company or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of the Mobile Application, shall be adjudicated by binding arbitration, before a single arbitrator, in accordance with the “German Arbitration Institute (DIS)” Comprehensive Arbitration Rules & Procedures of DIS (or any successor of that organization in effect at the time the arbitration is initiated) which shall administer the arbitration.

    You may hire an attorney to represent you. Each party shall bear its own costs and expenses related to such arbitration, regardless of which party prevails, but a party may recover any or all of its costs and expenses from the other party to the same extent as in court.  The arbitration award shall be in writing and shall include findings of fact and conclusions of law.  Judgment on the arbitration award may be entered by any court of competent jurisdiction.  Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.  The parties hereby agree the arbitration will be held at the  German Chamber of Industry and Commerce at Stuttgart. Germany, or any other location where we agree to hold the arbitration.

    NO CLASS ACTIONS.  Any controversy or claim will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or proceedings that involve any claim or controversy by you or any other person or party.  You and the Company expressly intend and irrevocably and voluntarily agree that each will not assert a class action or representative action against the other in arbitration, in court or otherwise.  You further agree that you do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any controversy or claim filed in either court or submitted to arbitration.  This provision is material and essential to the arbitration of any controversy or claim, and is non-severable from this agreement to arbitrate.

    This Agreement, and all questions of interpretation, construction and enforcement hereof, and all controversies arising hereunder, will be governed under the laws of the Federal Republic of Germany without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be venued exclusively at the Commercial Court in Stuttgart/ MannheimGermany. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating. 

    The foregoing provisions set forth in this Section are essential parts of and cannot be severed from this Agreement.

    The Company makes no representation that the Mobile Application is appropriate or available for use outside of the United States. If you access the Mobile Application from other locations, you are responsible for complying with local laws.

    You agree to abide by other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Mobile Application to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading the Mobile Application, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods.

    Except as expressly set forth above, this EULA, as they may be amended from time to time, completely and exclusively states the agreement between you and the Company with respect to the Mobile Application, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Mobile Application must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

    The Company’s licensors and contractors are express third party beneficiaries of any of this EULA that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under this EULA.
     
    The Company’s failure to insist upon or enforce strict performance of any provision of this EULA shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify this EULA.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this EULA or use of the Mobile Application.

    A printed version of this EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.