Privacy policy

I. Name and address of the competent entity

The competent entity within the meaning of the EU General Data Protection Regulation (GDPR) and other national data protection laws of the Member States, as well as other data protection regulations is:

Günther Spelsberg GmbH + Co. KG
personally liable partner: Spelsberg Verwaltungs GmbH
Managing Directors: Thorsten Schwippert
Im Gewerbepark 1
58579 Schalksmühle
Germany

Phone: 02355/892-0
E-mail: info@spelsberg.de
Website: www.spelsberg.de

II. Name and address of the Data Protection Officer

The Data Protection Officer of the competent entity is:

Markus Kowall
IT Südwestfalen GmbH
Kalver Straße 23
58515 Lüdenscheid
Germany

+49(0)2351 / 672573-00
datenschutz@spelsberg.de
www.it-swf.de

III. General notes regarding data processing

1. Scope of processing of personal data

We only process personal data of our users, basically if this is necessary for the deployment of an operational website as well as our contents and services. The personal data of our users are processed regularly only after the consent of the user. An exemption is applicable to such cases where obtaining a prior consent is not possible for actual reasons and the processing of data is permitted by legal regulations.

2. Legal basis for the processing of personal data

If we obtain consent of the respective person for the operations of processing personal data, Article 6 para. 1(a) of GDPR serves as the legal basis. When processing personal data, which is necessary for the execution of a contract, whose contract party is the person concerned, Article 6 para. 1(b) of GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. If a processing of personal data is necessary for complying with a legal obligation, to which our company is liable, then Article 6 para. 1(c) of GDPR serves as the legal basis. For the case that vital interests of the respective person or another natural person require a processing of personal data, Art. 6 para. 1(d) of GDPR serves as the legal basis. If the processing is necessary to maintain a legitimate interest of our company or a third party and the interests, basic rights and fundamental freedoms of the person concerned do not outweigh the above-mentioned interest, then Article 6 para. 1(f) of GDPR serves as the legal basis for the processing.

3. Data deletion and duration of storage

The personal data of the person concerned are deleted or blocked, if the purpose of storage no longer exists. Data can be stored additionally, if this has been permitted by the European or national legislation in the Union’s legal directives, laws or other regulations, which the competent entity is subject to. Data are blocked or deleted, when the storage deadline prescribed by the above-mentioned standards expires, unless there is a necessity for further storage of data for the sake of conclusion of a contract or execution of a contract.

4. Contact transfer to subsidiaries

In order to serve you in your interest as regionally and close to the market as possible, we reserve the right to pass on the personal data collected to the nearest branch of our company. The data will only be viewed by employees of the Spelsberg company at any time and will always be treated confidentially. We only pass on contacts internally and under no circumstances to third parties. Data may be shared with third party vendors only as necessary to fulfill the purposes. Example: Newsletter dispatch. In the case of disclosure to third-party providers, commissioned data processing based on a contract must then be set up in accordance with the DSGVO (DSGVO Art. 28. Abs 3.).The security of your data is our top priority at all times.

Overview of our subsidiaries:

IV. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is called, our system automatically captures data and information from the computer system of the calling computer. The following data are collected here:

• Browser type/browser version
• The operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

The collected data cannot be mapped to a natural person and serve only for statistical evaluations and for improving the website. This data will not be merged with other data. We, however, reserve the right to review this data, if specific indications of an unlawful or improper use come to be known.

2. Legal basis for the data processing

The legal basis for temporary storage of the data and the log files is Art. 6 para. 1(f) of GDPR.

3. Purpose of data processing

The temporary storage of the IP address of the system is necessary to allow provision of the website to the user’s computer. For this purpose, the IP address of the user must be stored for the duration of the session. Log files are used for storing, in order to ensure the functionality of the website. In addition, the data are used by us to optimise the website and to ensure the security of our information technology systems. In this context, the data are not analysed for marketing purposes.

Further, our legitimate data processing interest lies in these purposes in accordance with Art. 6 para. 1(f) of GDPR.

4. Duration of storage

The data will be deleted, when they are no longer necessary for achieving the purpose of their collection. This is the case when the given session is finished, in case the data were collected for making the website available. In the case of storage of the data in log files, this is the case latest after seven days. An additional storage is possible. In this case, the IP addresses of users will be deleted or modified so that a mapping of the calling client is no longer possible.

5. Possibility of objection and removal

For the operation of the internet page, it is mandatory to collect the data for making the website available and to store the data in log files. Thus, there is no possibility of objection on the part of the user.

V. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls a site, then a cookie can be saved on the user’s operating system. This cookie contains a characteristic string that allows a clear identification of the browser when the website is called again. We use cookies to make our website user friendly and secure. Some elements of our website require identification of the calling browser even after move from one page to another.

Therefore, the cookies store and transmit the following data:

• Details about the computer
• Details about the browser
• The search engine used
• The operating system
• The link used
• The search term used

We also use cookies on our site, which enable an analysis of the surfing behaviour of users. The following data can be transmitted in this way:

• Anonymously secured time spent on the website
• Anonymously secured called web pages
• Date of the first visit
• Time of calling and exiting the web page

The data of the user collected in this way will be pseudonymised through technical measures. Therefore, it is no longer possible to map the data to the calling user. The data are not stored together with other personal data of the users.

When our website is called, the user is informed about the use of cookies for analytical purposes and his consent is obtained for the processing of personal data that is used in this context. In this context, a note is also made on this privacy policy. To clear cookies follow this page.

XI. Services and content of third parties 

On our website, it may happen that contents of third parties are included, for example videos from YouTube, maps from Google Maps or images from other web pages. This means that third party providers have the option to record your IP address. The third-party provider uses the IP address, in order to send the respective images or videos to your browser. We have no influence over whether or not third-party providers store your IP address for statistical purposes.

XII. Rights of the person concerned 

If your personal data are processed, then you are the person concerned in the sense of GDPR and you are entitled to the following rights against the person responsible:

1. Right to information

You can demand a confirmation from the person responsible about whether personal data concerning you will be processed by us.

If such processing is done, then you can demand the following information from the persons responsible:

1. the purposes for which the personal data are processed;
2. the categories of personal data processed
3. the recipients or categories of recipients, to whom your personal data have been disclosed or will be disclosed
4. the planned duration of storage of your personal data or, if specific details are not possible for it, criteria for determining the duration of storage;
5. the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the person responsible or a right to objection against this processing;
6. the existence of a right of complain to a supervisory authority;
7. any available information about the source of the data, if the personal data have not been collected from the person concerned.
8. the existence of an automated decision-making including profiling in accordance with Art. 22 paras. 1 and 4 of GDPR and, at least in these cases, meaningful information about the rationale involved, as well as the scope and the desired impact of such a processing for the person concerned.

You have the right to ask, whether your personal data are transmitted to a third country or to an international organisation. In this connection, you may demand information about appropriate safeguards in accordance with Art. 46 of GDPR in connection with the transmission.

You have the right to ask, whether your personal data are transmitted to a third country or to an international organisation. In this connection, you may demand information about appropriate safeguards in accordance with Art. 46 of GDPR in connection with the transmission.

2. Right to correction

You have a right to correction and/or completion against the person responsible, if your processed personal data are incorrect or incomplete. The person responsible has to make the correction immediately. 

3. Right to restrict the processing

You can ask for a restricted processing of your personal data under the following conditions:

1. If you dispute the accuracy of your personal data for a period, which allows the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you refuse the deletion of the personal data and instead demand a restricted use of the personal data
3. the person responsible no longer requires the personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims, or 
4. if you have filed objections to the processing in accordance with Art. 21 para. 1 of GDPR and it has not yet been determined, whether the legitimate reasons of the person responsible outweigh your reasons.

If processing of your personal data has been restricted, then these data, apart from their storage, can be processed only with your consent, or for the assertion, exercise or defence of legal claims, for the protection of rights of another natural or legal person, or for reasons of substantial public interest of the European Union or a Member State.

If the processing is restricted due to the above requirements, then you will be informed by the person responsible before the restriction is lifted.

4. Right to deletion

a) Deletion obligation

You can demand from the person responsible, that your personal data are deleted immediately, and the person responsible is obliged to immediately delete these data, if one of the following reasons applies:

1. Your personal data are no longer necessary for the purposes for which they were collected or processed in any other way.
2. You withdraw your consent for the processing in accordance with Art. 6 para. 1(a) or Art. 9 para. 2(a) of GDPR, and there is no other legal basis for the processing.
3. You file an objection to the processing in accordance with Art. 21 para. 1 GDPR and there are no priority legitimate grounds for the processing, or you file an objection to the processing in accordance with Art. 21 para. 2 of GDPR.
4. Your personal data have been unlawfully processed.
5. The deletion of your personal data is necessary for fulfilling a legal obligation according to the law of the Union or the law of the Member States, which the person responsible is subject to.
6. Your personal data have been collected in connection with the service provision of an information technology company in accordance with Art. 8 para. 1 of GDPR.

 b) Information to third parties

If the person responsible has made public your personal data and he is committed to their deletion in accordance with Art. 17 para. 1 of GDPR, he shall take appropriate actions, considering the available technology and the cost of implementation, even of technical nature, to inform persons responsible for processing of personal data, that you, as a person concerned, have demanded from them the deletion of all links to these personal data or copies or replications of these personal data.

c) Exceptions

The right to delete does not exist, if the processing is required

1. to exercise the right to freedom of expression and information
2. for fulfilling a legal obligation that requires the processing according to the law of the Union or the Member States, which the person responsible is subject to, or to perform a task, which is in the public interest or arises from the exercise of official authority, which has been transferred to the person responsible;
3. for reasons of public interest in the field of public health in accordance with Art. 9 paras. 2 (h) and (i) and Art. 9 para. 3 of GDPR;. 
4. for archive purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 of GDPR, provided the right mentioned under section a) probably renders the achievement of the objectives of this processing impossible or seriously impaired, or
5. for the assertion, exercise or defence of legal claims

5. Right to information

If you have asserted the right to correction, deletion or restriction of the processing against the person responsible, then he is obliged to communicate this correction or deletion of the data or restriction of the processing to all recipients to whom your personal data have been disclosed, unless this proves to be impossible or involves a disproportionate expense.

You have the right against the person responsible, to be informed of these recipients.

6. Right to data portability

You have the right to receive your personal data, which you have provided to the person responsible, in a structured, latest and machine-readable format. Also, you have the right to transmit these data to another person responsible without the interference of the person responsible, to whom the personal data have been made available, provided

1. the processing is based on a consent in accordance with Art. 6 para. 1(a) of GDPR or Art. 9 para. 2(a) of GDPR or on a contract in accordance with Art. 6 para. 1(b) of GDPR and
2. the processing is done using automated procedures.

While exercising this right, you also have the right to ensure that your personal data are transmitted directly from one responsible person to another person responsible, provided this is technically feasible. Freedoms and rights of other persons must not be harmed thereby

The law on data portability does not apply to processing of personal data, which is necessary for the performance of a task, which is in the public interest or arises from the exercise of official authority, which has been transferred to the person responsible.

7. Right to objection

You have the right to file an objection at any time to the processing of your personal data for reasons, which arise from their specific situation, on the basis of Art. 6 para. 1 (e) or (f) of GDPR. This also applies to a profiling based on these provisions.

The person responsible will no longer process your personal data, unless he can provide compelling protection-sensitive reasons for the processing, which outweigh your interests, rights and freedoms, or the data processing is used for the assertion, exercise or defence of legal claims.

If your personal data is processed for direct advertising, then you will have the right to file objection at any time to the processing of your personal data for the purpose of such advertising; this also applies to the profiling, provided it is related to such direct advertising.

If you object to the processing of your personal data for purposes of direct advertising, then your personal data will no longer be processed for these purposes.

You have the option to exercise your right to objection by means of automated procedures in connection with the use of services of the information technology company, regardless of the Directive 2002/58/EC, in which technical specifications are used.

8. Right to withdraw the privacy policy consent

You have the right at any time to withdraw your privacy policy consent. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the time of withdrawal.

9. Automated decision in individual case, including profiling

You have the right not to be subjected to a decision based only on an automated processing, including profiling, which leads to legal consequences for you or significantly affects in a similar way. This does not apply, if the decision

1. is necessary for the conclusion or execution of a contract between you and the person responsible,
2. is permitted on the basis of statutory requirements of the Union or the Member States, which the person responsible is subject to, and these statutory requirements contain adequate measures to safeguard your rights and freedoms, as well as your legitimate interests or
3. is made with your explicit consent.

However, these decisions must not be based on special categories of personal data in accordance with Art. 9 para. 1 of GDPR, provided Art. 9 para. 2 (a) or (g) of GDPR does not apply, and appropriate measures have been taken for the protection of rights and freedoms, as well as your interests.

With regard to the cases referred to in (1) and (3), the person responsible will take appropriate actions, in order to maintain the rights and freedoms, as well as your legitimate interests, including at least the right to obtaining the intervention of a person on the part of the person responsible, presentation of your own view point and contestation over the decision.

10. Right to complain to a supervisory authority

Without prejudice to another administrative or judicial redress, you have the right to complain to a supervisory authority, in particular in the Member State of your domicile, your workplace, or the place of the alleged violation, if you believe that the processing of your personal data violates the GDPR.

The supervisory authority, with whom the complaint was filed, informs the complainant about the status and the results of the complaint, including the possibility of a judicial redress in accordance with Art. 78 of GDPR.

XIII. Use of Google Ads for targeted display of advertisements

1. Google Ads

This website uses the online advertising program “Google Ads” and conversion tracking as part of Google Ads. Google Conversion Tracking is an analysis service provided by Google Inc. (“Google”). When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain Internet pages on our website and the cookie has not yet expired, we and Google can see that you clicked on the ad and were redirected to this page. Each Google Ads customer receives a different cookie. This means that there is no way that cookies can be tracked via the websites of Ads customers. The information that is obtained with the help of the conversion cookie is used to create conversion statistics for Ads customers who have opted for conversion tracking. Here, customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
If you do not want to participate in tracking, you can object to this use by preventing the installation of cookies by making the appropriate setting in your browser (deactivation option). You will then not be included in the conversion tracking statistics.
You can find more information and Google’s privacy policy at: www.google.de/intl/de/policies/.

2. Google Ads and Remarketing

This website uses Google Ads, a Google analysis service, and conversion tracking as part of Google Ads. Google Ads places a conversion tracking cookie on your computer’s hard drive (a so-called “conversion cookie”) when you click on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages on our website, we and Google can see that you clicked on the ad and were redirected to this page. The information obtained with the help of the conversion cookies is used to generate statistics for Ads customers who use conversion tracking. These statistics tell us the total number of users who clicked on the ad placed by Google and called up a page with a conversion tracking tag. However, we do not obtain any information with which the personal identification of users is possible. We cannot assign the data obtained to specific users.
In addition to conversion tracking, we also use the functions
• remarketing
• Target groups with common interests
• Custom audiences with common interests
• Target groups ready to buy
• similar target groups
• demographic and geographic focus.

With Google’s remarketing function, we reach users who have already visited our website. This enables us to present our advertising to target groups who are already interested in our products or services. Ads also uses the user behavior on websites in the Google advertising network (“display network”) in the last 30 days and the context-related search engine to determine which common interests and characteristics the users of our website have. On the basis of this information, Ads then finds new potential customers for marketing purposes whose interests and characteristics are similar to those of the users of our website. The target group-specific remarketing takes place through the combined use of cookies, such as Google Analytics cookies and Google DoubleClick cookies.
Further information on the subject of terms of use and data protection in the context of Google AdWords can be found at this link: https://policies.google.com/technologies/ads?gl=de

3. Google DoubleClick

This website uses the DoubleClick function from Google to evaluate the use of the website and to enable Google and other advertisers who work with DoubleClick to present you with user-relevant advertising. To do this, a cookie is installed on your computer’s hard drive. This cookie is used to assign a pseudonymous identification number to your browser and to collect information about the advertisements displayed in your browser and how they are accessed. The information collected by the cookie about your use of the website is usually transferred to a Google server in the USA and stored there. On the basis of the information collected, your browser is assigned categories relevant to your interests. These categories are used to place interest-based advertising.
In addition to changing your browser settings, you can also use a browser plug-in to permanently deactivate the DoubleClick cookie. With the plug-in, your deactivation settings for this browser are retained, even if you delete all cookies. The browser plug-in for permanent deactivation is available here: https://www.google.com/settings/ads/plugin?hl=de
By using our website, you agree that the DoubleClick cookie can be used and that your usage data can be collected, saved and used in the manner described above for the stated purpose. You also consent to your data being stored in cookies beyond the end of the browser session and, for example, being able to be called up again on your next website visit. You can revoke this consent at any time with effect for the future by deleting the DoubleClick cookie and permanently deactivating it.

XIV. Conversion – Facebook Pixel (Meta Pixel)

This website uses the so-called “Facebook Pixel” and the Conversions API of the social network “Facebook” from Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (Meta) for the following purposes: 

• Facebook (Website) Custom Audiences: We use the Facebook Pixel and the Conversions API for remarketing purposes in order to be able to address you again within 180 days. This allows users of the website to be shown interest-based advertisements (“Facebook ads”) when they visit the social network “Facebook” or other websites that also use the process. We are interested in showing you advertisements that are of interest to you in order to make our website or offers more interesting for you.
• Facebook Conversion: With the help of Facebook Pixel and the Conversions API, we also want to ensure that our Facebook Ads correspond to the potential interest of users and are not annoying. With the help of the Facebook pixel, we can track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).

Due to the marketing tools used (Facebook Pixel and Conversions API), your browser automatically establishes a direct connection with the Facebook server as soon as you have consented to the use of cookies requiring consent. By integrating the Facebook pixel and using the Conversions API, Facebook receives the information that you have accessed the corresponding website of our Internet presence or have clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account.
Facebook processes the data in accordance with Facebook’s privacy policy. Specific information and details about the Facebook pixel and the Conversions API and how it works can also be found in Facebook’s help section.
Cookies/tools used: Type C. You can find more information in the “Cookies/Tools” section.

Recipients:
Joint controllership:
We are jointly responsible with Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (Meta) for the collection and transfer of data in the context of this process. This applies for the following purposes:

• The creation of individualized or suitable ads, as well as for their optimization
• Delivery of commercial and transaction-related messages (e.g. via Messenger)

The following processing operations are therefore not covered by joint processing:

• The processing that takes place after collection and transmission is the sole responsibility of Meta.
• The creation of reports and analyses in aggregated and anonymized form is carried out as part of commissioned processing and is therefore our responsibility.

We have concluded a corresponding agreement with Facebook for joint responsibility, which can be accessed here: https://www.facebook.com/legal/controller_addendum. This defines the respective responsibilities for fulfilling the obligation under the GDPR with regard to joint responsibility.

The contact details of the responsible company and Facebook’s data protection officer can be found here: https://www.facebook.com/about/privacy.

We have agreed with Meta that Meta can be used as a point of contact for exercising the rights of data subjects (see section XVI.). This does not affect the competence of the data subject’s rights.

Further information on how Meta processes personal data, including its legal basis and further information on the rights of data subjects can be found here: https://www.facebook.com/about/privacy.Wir transmit the data within the scope of joint responsibility on the basis of legitimate interest pursuant to Art. 6 (1) f GDPR 
Information on the data security conditions can be found here: https://www.facebook.com/legal/terms/data_security_terms and on processing on the basis of standard contractual clauses can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum.

Deletion/revocation:
You can deactivate the tool via the cookie settings (under section X.) and for logged-in users at https://www.facebook.com/settings/?tab=ads.

Cookie lifespan: up to 180 days after the last interaction (this only applies to cookies set via this website) 
Legal basis:
Art. 6 (1) a GDPR (consent)

February 2024